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HomeMy WebLinkAboutPackets - Council Packets (1092) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 23, 2005 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 5:30 P.M. ROLL CALL 1. DISCUSSION REGARDING ORDINANCE NO. (0)05-09 ORO VALLEY ENDOWMENT FUND AND PUBLIC ART (Continued from 2-16-05) 2. REVIEW OF ADOPTED TOWN COUNCIL POLICIES #1 —#11 A. Policy#1 - Local Travel Allowance. B. Policy #2 - Council/Staff Relationships. C. Policy #3 - Vacant. D. Policy#4 - Usage of Town Hall & Facilities. E. Policy #5 - Advisory Board; Commissions; and Committee Relationships with Town Council and Staff. F. Policy #6 - Unbudgeted Expenditures. G. Policy#7 - Food Policy for Town Meetings. H. Policy #8 - Council Liaison to Boards and Commissions. I. Policy#9 - Council Liaison to Amphitheater School District Governing Board. J. Policy#10 -Town Council, Advisory Boards and Commission Members Site Tours. K. Policy #11 - Standard Request Form and basic information necessary for a member of the Town Council to request an item on the Town Council Agenda. ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk, at 229-4700 POSTED: 03/16/05 4:00 p.m. rg 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 23, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director Brent Sinclair, Community Development Director SUBJECT: Discussion Regarding the Oro Valley Endowment Fund and Public Art SUMMARY: On February 16, 2005 the Town Council considered an ordinance related to the Oro Valley Endowment Fund. At that meeting, the Council continued the ordinance to a study session and requested clarification and additional information in regard to the Endowment Fund and public art. Included with this communication you will find information related to certain public arts projects that has been provided by the Community Development Director, Mr. Brent Sinclair. You will also find the by-laws, articles of incorporation, and IRS tax exemption letter for the Oro Valley Endowment Fund. An important question raised by the Council at the February 16 Study Session was to what extent the Town could be involved in decisions made by the Oro Valley Endowment Fund specifically in regard to the Oro Valley 1% for public art funding. This issue will be addressed by Mr. Bill McMorran with Green Oak Consulting, formerly London Pacific Advisors. Mr. McMorran is a consultant to the Fund and specializes in charitable organizations and fund development. ATTACHMENTS: 1. Minutes—February 16, 2005 Council Regular Session for Item#6. 2. Arts Projects 3. Oro Valley Endowment Fund—By-Laws 4. Oro Valley Endowment Fund—Articles of Incorporation 5. Oro Valley Endowment Fund—Internal Revenue Service Letter of Exemption 6. Staff Report from February 16, 2005 Council Meeting SUGGESTED MOTION: N/A F:ICOUNCO.4113-28-05 OVEF.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pate 2 of 2 An-/(-‘ Lf-Lc\41/\-61---L-' David Andrews, Finance Director Brent Sinclair, Community Development Director Chuck Sweet, Town Manager F:ICOUNCOMI3-28-05 OVEF.doc DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION (iEBRUARY ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Vice Mayor K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A MOTION was made by Council Member Dankwerth and SECONDED by Council Member Culver to go into Executive Session at 5:31 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03(A)(3) & (A)(4) Consultation with the Town Attorney for legal advice and discussion regarding the Pager Pay Litigation 2. Pursuant to ARS 38-431.03(A)(1) Annual Performance Review of the Chief of Police MOTION CARRIED, 6—0. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Acting Town Attorney, and the Deputy Town Clerk, Mr. Todd Hale, Outside Legal Counsel from Lewis and Roca, Chief Danny Sharp and Finance Director David Andrews would be present for Item 1. He also announced that Chief Danny Sharp would be present for Item 2 (the Acting Town Attorney, the Deputy Town Clerk and the Finance Director were not present for Item 2.) MOTION: A MOTION was made by Vice Mayor Gillaspie and SECONDED by Council Member Culver to go out of Executive Session at 6:32 p.m. Motion carried, 6-0. 02/16/05 Minutes, Council Regular Session 6 5. DISCUSSION AND/OR POSSIBLE ACTION REGARDING INITIATION OF AN ANNEXATION MAP FOR APPROXIMATELY 960 ACRES OF UNINCORPORATED TERRITORY LOCATED NORTH AND WEST OF THE CURRENT TOWN LIMITS,KNOWN AS THE LA CHOLLA AIRPARK Scott Nelson, Special Project Coordinator, explained that according to the Town's current annexation policy, the subject properties were within the Town's General Plan area and should be considered for annexation. He gave a brief overview of the site using the overhead projector. MOTION: Council Member Dankwerth moved to GRANT the Town Manager authority to initiate the filing of an annexation map of 960 acres of unincorporated Pima County located north and west of the current town limits and near the Moore Road and Kingair Drive intersection. Motion SECONDED by Council Member Culver. Motion carried, 6-0. 6. PUBLIC HEARING—ORDINANCE NO. (0) 05-09 RESCINDING ORDINANCE NO. 00-20,WHICH ADOPTED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND AND RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 F. PUBLIC ART PROVISIONS; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER David Andrews, Finance Director, reported that on February 7, 2001, the Town Council formed the Public Arts Endowment Advisory Committee pursuant to Ordinance No. (0) 00-20 , which directed that the Town create a Public Arts Endowment Fund in order to create a perpetual source of revenue to fund meaningful public arts in Oro Valley. He explained that one source of funding was identified as developer contributions from the 1 percent for Art Program as identified in Ordinance No. (0) 00- 19 Section 4-504 F. (8) of the Oro Valley Zoning Code Revised. He reported that this item explicitly recognizes the Oro Valley Endowment Fund as the organization responsible to create and administer arts endowments for the Town by rescinding Ordinance No. (0) 00-20, which would formally dissolve the Public Arts Endowment Advisory Committee. He reported that modifications to Ordinance No. (0) 00-19 direct certain ranges of funding of the 1 percent for Public Arts funding to the Oro Valley Endowment Fund rather than the "Oro Valley Public Arts Endowment Fund". Council Member Dankwerth suggested that Ordinance (0) 05-09, Section 2, and Item 8 should specifically reflect that a portion of the builder's contribution be actively used for artistic purposes. r 02/16/05 Minutes, Council Regular Session 7 Mayor Loomis explained that there could be three (3)ways that the Public Art Funds could be used: 1) The percent contribution could be used specifically on the site. 2) The money could be pooled amongst small Planned Area Developments (PAD) to create a larger structure of art for the overall site. 3) A portion of the money could be contributed to the Endowment Fund. Council Member Dankwerth suggested that this item be continued to see exactly what $10,000.00 would buy in artwork. The following issues were discussed: • Who determines who serves on the Public Arts Endowment Advisory Committee and for what terms. • The purpose of the Public Arts Advisory Committee. • Open meetings laws. • How urgent was it to move forward with Ordinance No. (0) 05-09. • How much art work should there be on a site? Mayor Loomis opened the public hearing. There being no speakers, Mayor Loomis closed the public hearing. MOTION: Council Member Dankwerth moved to CONTINUE Ordinance No. (0)05- 09, until such time when Council receives information determining whether the funds can be pooled and used for purposes other than providing specific art to a specific site and to get a clear understanding of the Charter organization for the endowment fund and to identify any limitation on the funding used by the Charter group. Motion SECONDED by Council Member Culver. AMENDMENT TO MOTION: Council Member Culver asked that there be clarification on what the Council can do without negatively impacting their I.R.S. status. She stated that there needed to be some guidance and further information collected on the matter. SECOND AMENDMENT TO MOTION: Mayor Loomis requested that a study session be held to have the appropriate staff available to answer questions before this item is placed on a future agenda. Council Member Abbott asked that examples be included at the study session that would reflect some of the cost of the different types of art works used as well as photos. MOTION carried 6-0. 7. PUBLIC HEARING—ORDINANCE NO. (0)05-10 RELATING TO THE ESTABLISHMENT OF RULES OF USE PERTAINING TO THE VARIOUS SHARED USE PATHS; ADDING ORO VALLEY TOWN CODE SECTION 10-1-3; REPEALING ALL RESOLUTIONS, ORDINANCES, {t t ,• I, BYLAWS OF ORO VALLEY ENDOWMENT FUND ARTICLE I NAME The name of the Corporation is ORO VALLEY ENDOWMENT FUND (herein referred :o as "'Fund"). ARTICLE II PRINCIPAL OFFICE The principal office of the business of the Fund shall be in Oro Valley. Pima County, Arizona. The Fund may have additional offices at such other locations as the Board of Trustees may from time to time designate or the activities of the Fund require. ARTICLE III ESTABLISHMENT. PURPOSE AND MISSION STATEMENT Section I. Establishment and Purpose. The Fund is established .:s a charitable organization within the meaning of Section 501(c)(3) and 509(a)(3) of the 1986 Internal Revenue Code. as amended ("Code") and as an affiliated organization of the Town of Oro Valley, Arizona. a governmental unit of the State of Arizona qualifying under Sections 170 (c) (iv) of the Code (herein referred to as -Town-) and supporting the Greater Oro ValleyArts Council PP g� ("GOVAC") a Section 501 (c)(3) organization also affiliated with the Town. The Fund is not formed for pecuniary or financial gain. and no part of the assets. income, or profit of the Fund is distributable to. or will inure to the benefit of. its trustees or officers. or other private individuals: provided. however. that nothing contained herein shall be construed to prevent the payment of reasonable compensation for services actuall% rendered by employees. officers or trustees of the Fund and reimbursement of reasonable and necessary expenses incurred in connection therewith. I =7UNDATION-BYLAW-01.woo The Fund is empowered. subject to the provisions of these Bylaws. to accept donations. contributions. gifts. bequests. and devises of monies and properties ("contributions"), and transfers of endowment and other funds. properties and assets of charitable. scientific. educational. and religious agencies and/or private or supporting foundations and to set reasonable policies that allow for protection of principal and ongoing support for activities within the Oro Valley area. Section 2. Mission Statement. The Fund supports GOVAC and other community organizations serving the Town. through the solicitation. administration and investment of funds. Its goal is to build lone-term endowment for and also. make immediate awards in order to further the arts. cultural activities and other services that will enhance the lives of citizens for many_ years into the future. ARTICLE IV BOARD OF DIRECTORS Section 1. General Powers. The affairs of the Fund shall be managed by the Board of Directors. It shall be the duty of the Directors to carry out the aims and purposes of the Fund and, to this end. to manage and control all of its property and assets. including, without limitation determining the Fund's investment strategy and evaluating and selecting the recipients of grants from the Fund. Section ?. :Number. Tenure and Qualifications. The Board of Directors shall consist of no less than three (3) and no more than fifteen (15) persons. one of which shall be the Town's then appointed and acting Director of Finance. The Fund's initial Board of Directors shall consist of those Directors named as such in the Articles of Incorporation. Except as otherwise provided in this Section. each Director. other than the Town's Director of Finance. shall hold office for a term of three (3) years and until his or her successor shall he elected and shall have qualified. Notwithstanding the above provisions of this Section. at the initial meeting of the Board of Directors: (1) one of the initial members of the Funds Board of Directors. other than the Town's Director of Finance. shall be designated as serving a four (4) year initial term: and (ii) one of the initial members of the Fund's Board of Directors. other than the Town's Director of Finance, shall be designated as serving a five (5) year initial term. No member. other than the Town's Director of Finance. may serve more than two consecutive terms. The Town's Financial Director shall serve as a member of the Board of Directors so long as he or she remains the Towns Financial Director and the Town's appointment of a new Director of Finance shall he deemed to be an appointment of such person as a member of the Fund's Board of Directors. Section 3. Resignation. Any Director may resign at any time by riling a written resignation with the Secretary. The dismissal. with or without cause. or the resignation of the Town's acting Director of Finance from such position shall he deemed to he a resignation by such person from the Fund's Board of Directors. Section 4. Removal of Directors. Any elected Director may be removed from office with or without cause by written notice provided by the Board of Directors. The removal of a Director shall be effective upon delivery of such written notice to the Secretary of the Fund. unless some later date is specified in such written notice. in which case it shall be effective on such later date. Section 5. Vacancies. Any vacancy occurring in the Board of Directors. other than the directorship held by the Town's Director of Finance. by reason of death. resignation. removal or other inability to act of any member of the Board of Directors may be filled by the majority vote of the Board of Directors of GOVAC. A vacancy occurring in the directorshipheld by the Town's Director of Finance by reason of death. resignation. removal or other inability to act of such member of the Board of Directors will be filled at the time of a new Director of Finance is named by the Town. Section b. Election of Certain Officers and Agents. The Board of Directors shall have power to elect or appoint from time to time such Officers and agents as are not herein specifically provided for. as the interests of the Fund may require. and in case of such election or _ q appointment the Directors shall prescribe the duties of such Officers and agents so elected or appointed provided. however. that any such Officer or agent so elected or appointed may be removed by a vote of a majority of the Directors then in office. whenever in their opinion the interests of the Fund warrant such removal. Section 7. Initial Meeting. The first meeting of the newly appointed. Board of Directors shall be held as soon as practical following the incorporation of the Fund. Section 8. Annual Meeting. An annual meeting of the Board of Directors shall be held on the second Tuesday in the month of September in each %'ear. beginning with the year 2003. for the purpose of electing Directors and for the transaction of such other business as may come before the meeting. If the election of Directors shall not be held on the day designated herein for any annual meeting. or at any adjournment thereof. the Board of Directors shall cause the election to be held at a special meeting of the Board as soon thereafter as it conveniently may be scheduled. Section 9. Quorum of Directors. At all meetings of the Board of Directors. the presence of a majority of the Directors and the act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors. Section 10. Place of Meeting. Regular meetings of the Board may be held at such time and place as shall from time to time be determined by the Board. Section 11. Special tIeernz ' . Special meetings of the Board for any purpose may be called at any time by the President. the Secretary. or by a majority of the Board of Directors. Scctivn 12. Notice t./ .11eenizt. Written or printed notice stating the place. day and hour of the meeting and. in the case of a special meeting, the purpose or purposes for which the meeting =O UNDATI ON-BYLAW-01.wpc is called, shall be delivered not less than three (3) nor more than thirty (30) days_ before the date of the meeting, either personally or by mail. by or at the direction of the President. or the Secretary, or the persons calling the meeting, to each Director. If mailed. such notice shall be deemed to be delivered two days after beingdeposited in the United States mail addressed�. to the Director at his or her address as it appears on the records of the Fund. with postage thereon prepaid. Attendance of a Director at any meeting shall constitute a waiver of notice - of such meeting, except where a Director attends a meeting for the express purposeof objecting�ec ting to the transaction of any business because the meeting is not lawfully called or convened. Section 13. Informal Action By Directors. Any action required to be taken at the meeting of the Board of Directors. or any other action which may be taken at the meeting of the Board of Directors. may be taken without a meeting if a consent in writing settingforth the ,.. action so taken. shall be signed by all or the Directors entitled to vote with respect io the subject� ct matter thereof. The use of facsimile signatures is an acceptable form of consent in writing. Section 14. Committees. The Board of Directors may. from time to time. create an :xecutive committee of the Board (the ..Executive Committee") and other committees. The Board of Directors may delegate to any such committee which consists solely of members of the Board of Directors any of the authority of the Board. other than the authority to fill vacancies under Section 5 of this Article and to take actions described in Article XII of these Bylaws. provided that any such committee to which authority is so delegated shall consist of at least three (3) Directors. including the Past President. Each committee shall serve at thelea p sure of the Board. shall act only in the intervals between meetings of the Board. and shall be subjectto the control and direction of the Board: provided however that any thirdparty shall not be adversely affected by relying upon any act by any such committee within the authority delegated t - o it. Each such committee shall act by not less than a majority of the whole authorized number of its members. Minutes of each meetingshall be recorded. and the .. chairperson shall be responsible for seeing that the minutes are prepared and submitted to the Secretary of the board. or his/her designee. Section 15. Meetings Held Through Communications Equipment. Meetings of the Board of Directors or any committee of the Board may be held through communications equipment if -- all persons participating can hear each other and such participation shall constitute presence at such a meeting. P ARTICLE V SPECIAL REQUIREMENTS OF BOARD The Board of Directors of the Fund shall be specifically responsible and charged with the following: (a) Financial Records. To maintain and provide to the Town and GOVAC. upon reasonable request. all financial records relating to the monies. properties and other assets of the Fund and its operations: and to make annual reports to the Town and GOVAC within 90 days after the end of each accounting year. setting forth a statement reflecting monies. properties P P and assets received. held and distributed. (b') Budget: Operating Expenses. To establish the Fund's annual budget and approve and disburse operating expenses. (c) Execution of Documents. To execute documents necessary or appropriate in the performance of the functions and responsibilities of the Board. The President or other officer designated by the Board. shall be authorized to act on its behalf in the execution of those documents necessary or convenient to carry out the specific resolutions of the Board. (d) Annual Financial Review. To provide an annual review of the Fund's financial records by an independent firm of certified public accountants. a copy of which shall be submitted to the Town when received. ARTICLE VI OFFICERS Section 1. Officer Positions. The officers of the Fund shall be a President. a Vice President. a Secretary a Treasurer and. if applicable. a Past President. The position of President, Vice President. Secretary and/or Treasurer may not be held by the same person. Section 2. Election and Term of Office. Officers. other than the Past President. shall be elected by the Board of Directors of Fund following the formal election of the Board at the annual meeting of the Fund. The term of office of all officers shall commence immediately and shall continue until the next annual corresponding meeting or until their respective successors are elected and qualified. Any vacancy occurring among the officers shall be filled by the Board of Directors of Fund at its next meeting of the Board. Any soofficer elected ee shall hold office for the unexpired term of the officer succeeded or until a successor is elected and qualified. Section 3. Removal. Any officer may be removed at any time. either with or without r cause. by the vote of a majority of the Directors at any regular or special meeting called for such purpose. Section 4. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors. the President or the Secretary of the Fund. Such resignation shall take effect when received or at any later date specified therein: and the acceptance by the Board of such resignation shall not be necessary. Section 5. Duties of Officers. (a) President. The President shall he the Chief Executive Officer of the Fund and shall. when present. preside at all meetings of the Board of Directors. The President may sign. with the Secretary or any other proper officer of the Fund authorized by the Board. any =OUNOATION-BYLAW-01.woo deeds. mortgages. bonds. contracts. or other instruments which the directors have authorized to be executed. except in cases where the signing and execution thereof shall be expressly delegated P � by the Board or by these Bylaws to some other officer or agent of the Fund or shall be required by law to be otherwise signed or executed: and in general shall perform all duties incident to the office of President and such other duties as may berescribed by the Board from time_ e to time. (b) Vice President. In the absence of the President or in the event of his inability or refusal to act. the Vice President (or in the event there be more than one Vice President. the Vice Presidents in the order of their election) shallerform the duties p u les of the President. and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. (c) Treasurer. If required by the Board of Directors. the Treasurer shall give a bond for the faithful discharge of his ischarge or her duties in such sum and with such surety or sureties as the Board of Directors shall determine. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Fund. receive and give receipts for money due and .. P payable to the Fund from any source whatsoever. and deposit all such money in the name of the Fund in such banks. trust companies or other depositories as shall be selected in accordance with the provisions of Section -I of Article XII of these Bylaws. The Treasurer shall. ing eneral. perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. (d) Secretary. The Secretary keep_ t he minutes of the meetings of the Board of Directors in books provided for that purpose. see that all notices are dulygiven in accordance with the provisions of these Bylaws be custodian of the corporate records and of the seal of the Fund and keep a register of the mailing address of each directors which shall be furnished to the Secretary by such director. and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the President or by the Board. (e) Past President To serve as requested by the Board of Directors and as a member of the Executive Committee, if any. {f) Staff To facilitate expeditious and efficient conduct of the day-to-day business of the Fund. the Board of Trustees may employ such persons as it deems necessary. r whose duties shall be prescribed and whose compensation shall be determined by the Board of Directors. ARTICLE VII COMPENSATION No Director and no officer shall receive any salary or other compensation for services performed for the Fund unless approved by a majority of the Board of Directors. Notwithstanding the;above_ there is no prohibition as to compensation received by a Director or officer from the Fund for services performed in connection with an outside business or profession. if adequately disclosed. 7 ARTICLE VIII CONTRIBUTIONS The Fund may accept any designated contribution. bequest or devise not inconsistent with its general tax-exempt purposes. its Articles of Incorporation and these Bylaws. As so limited. donor-designated contributions will be accepted for special funds. u oses or uses, and PrP such designations generally will be honored: however. the Fund shall reserve all right, title, and the ultimate in and to and control of such contributions. as well as full discretion as to expenditure or distributing thereof in connection with any special fund. PurP ose. or use. Further. the Fund shall retain complete control over all donated funds (including designated contributions) and shall exercise unlimited discretion as to their investment and ultimate use so as to insure that such funds will be used to the best advantage in carrying out its tax exempt purposes. carrying p ARTICLE IX INVESTMENTS Section 1. Prudent Investor Rule. The Board of Directors or Executive Committee shall invest and manage the assets of the Fund as a prudent investor would. in light of thePurpo ses, terms. distribution requirements. and other circumstances of the Fund. In satisfyingthe foregoing e- standard, the Board or Executive Committee shall exercise reasonable care. skill, and caution. The Fund may invest in any kind of property or type of investment consistent with the foregoing g g standard. including (without limitation) stocks. bonds. notes. options. contracts. real estate, and other tangible and intangible property. Section 2. Delegation of Investment and Management Functions. The Board of Directors may delegate investment and management functions to an agent (which shall be an investment advisor. an Investment Committee of the Fund) so long as such delegation is one that a prudent ._ investor would make under the circumstances. and so long as the Board or Executive Committee exercises reasonable care. skill. and caution in selecting the agent. establishing the scope and terms of the delegation (consistent with the purposes. terms. distribution requirements. and other circumstances of the Fund), and periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. Any Investment Com- mittee so designated by the Board of Directors or Executive Committee shall have authority to execute such form of receipt. transfer and assignment as may be customary to constitute the transfer or acceptance of stocks. notes or other securities or real estate or otherro erty in the name of the Fund. P P . ARTICLE X FOUNDATION•BYLAW-01.woo INDEMNIFICATION OF DIRECTORS, OFFICERS AND EMPLOYEES The Fund shall indemnify, to the maximum extentpermitted Arizona Revised by Statues 10-1005(B), any person who is a party to. or is threatened to be made ato a arty p _ any threatened. pending or completed action, suit or proceeding, whether civil. criminal. administrative or investigative. or any threatened. pending or completed action or suit against any Director. officer. employee of the Fund who is or was serving at the request of the Fund as a Director,or, officer or employee of another foundation, partnership, joint venture. trust or other enterprise, against agaunst expenses, including attorney's fees. and against judgernent. fines and amountsaid in settlement ttlement to the extent permitted by law. Expenses. including attorneys' fees incurred in defending a civil or criminal action. suit or proceeding maybe paid by the Fund in advance of the final di • sposition of any such action. suit or proceeding to the extent permitted by law. The Fund may, to the full extent then permitted by law and authorized by the Directors, _ purchase and maintain insurance on behalf of any officer. Director or ui employee against p g st any liability asserted against and incurred by any suchperson in such capacity, or . anyP _ . arising out of his or her status as such. whether or not the Fund would have thepower to indemnify . . . such person against such liability. ARTICLE XI AMENDMENTS (" Except as otherwise provided in Article XII above, these Bylaws and the Articles of Incorporation may be altered, amended or repealed. and new Bylaws and special actions p or articles may be adopted. only by the affirmative vote of two-thirds of the members of the Board of Directors. The Unanimous vote of the Board of Directors shall be necessary in order t _ o adopt or approve the following actions: (1) Liquidation or dissolution of the Fund. and (2) Merger or consolidation with another entity. or transfer of substantially all the assets of the Fund. ARTICLE XII MISCELLANEOUS Section 1. Independent Review. After the end of each Fiscal year. there shall be an independent review of the records of the Fund by a qualified and independent certified public P accountant. who shall furnish a report thereof to the Board of Directors within sixty (60) days of the close of the fiscal year. Section 2. Fiscal Year. The fiscal year of the Fund shall end on June 30. each year until and unless changed by action of the Board. Section 3. Insurance. The Fund by action of the Board of Directors, shallp urchase and maintain insurance in such amount as the Board may deem appropriate. _ Section 4. Books and Records. The Fund shall keep in its principal office the original or a copy of these Bylaws, as amended or otherwise altered to date, the Articles • or Incorporation. and records of all meetings. Section 5. Confidentiality. Notwithstanding anything to the contrary_ in these Bylaws. all activities conducted by the Fund, all minutes and other actions of the Board of Directors of the Fund and all other documents, instruments and agreements relating to the Fund and its activities shall be confidential and kept within the confines of the books and records of the Fund. the Board of Directors of the Fund and the officers and agents of the Fund�. and shall not be disclosed to any other person or entity unless otherwise required by law. x 46/ ,47-14-e/ ,?*-17 Secretary /yea_ cOUNDATION-BYLAW01.WDC ti AZ, CORP. COMM1SEDN FILED AUG 2 9 2002 ARTICLES OF CORRECTION OF n ARTICLES OF INCORPORATION OF ORO VALLEY ENDOWMENT FUND. 1. The Name of the Corporation is ORO VALLEY ENDOWMENT FUND. These Articles of Correction correct the .-articles of Incorporation for the ORO RO VALLEY ENDOWMENT FUND which were originally tiled with the Arizona Corporation Commission on June 26. 2002 (a copy of which is attached as Exhibit A) Paragraph E2 of Article IX of the Corporations original Articles or Incorporation rP on contained the following two misstatements: A. The word "(fro v'aily" should have read "Oro Valley:- B. alley:"B. The word "Fos" in the street address for Richard Eggerding should have read"Fox" 4. Attached as Exhibit B is the corrected document properly executed. DATED this 28`h day of August. 2002. ORO VALLEY ENDOWMENT FUND, an Arizona corporation. By 1 li M. C ay, ncorporator STATE OF ARIZONA ss: County of Pima The foregoing instrument was acknowledge,' • fore e this 28th d ,- of August.2002, by William M. Conway. � .r.e',/ No ary Public My Commission Expires: _ -- \/ Y 'EtS " • `ra; • �Y .7,1D 4, . . ..--• 2004 _ EXHIBIT A 111111./ off- �. V sM.1. D • - AZ ARTICLES OF INCORPORATION 2002 ,JUN 26 P 3: OS APPR OF DATE App TERM . Z., ORO VALLEY ENDOWMENT FUND ATE The undersigned. :sor the purpose of formin� g a nonprofit corporation under the laws of the State of Arizona_ hereby adopt the following Articles or Incorporatlon. •ARTICLE I NAME The name r ;he J_Jrporatlon snail e: ORO \-.ALLY ENDOWMENT FUND ARTICLE II PRINCIPAL, OFFICE The principal office of the Corporation in the State of Arizona shall be situated in the Town of Oro Valley. Pima County. Arizona: provided, however. that the Corporation may establish other offices and conduct activities anywhere if the same viibenefit -- • - 1 inure to the of the Corporation. .-ARTICLE III PURPOSES OF THE CORPORATION The Corporation is organized exclusively to roster,promote,P support.deveiop,encourageand maintain charitable or educational purposes which are consistent with itn or authorized by the charter of the Town of Oro `'alley, .-Arizona (-Town-) and Valley, ) in accordance with the Mission S t included in its Bylaws. The Corporation shall be operated as p a support organization of the Town,a political subdivision of the State or-Arizona and shall itselfuaii q as a nonprofit organization under Sections f O 1(c)(3) and 09(a)(3) of the of the 1986 Internal Revenue Code. as amended (herein referred to the -Code"). ARTICLE IV NONPROFIT RESTRICTIONS The Corporation shall not be for profit or pecuniary gain and shall have no capital stock or shares. No part or the net earnings or' corporation snailinure to � rp n Inure the ..eneilt of. or be distributable to. its members, trustees. officers or other private individuals. except :hat the Corporations shall be authorized and empowered to pay reasonable compensation nsateon for services rendered and to make payments and distributions in furtherance of the purposes set forth herein. activities of the Corporation shall - o substantial parr of the rp on be the carrying on of propaganda or otherwise a Influence legislation. and the Corporation shallparticipate � intervene to n not participate in. or intervene in (incl rn � �$ the publishing or distribution or statement),any political campaigngn on behalf of any candidate forpublic Office. Notwithstanding any other provisionsCorporation or these articles. the shall not carry on an activities not permitted to be carred on i a� by a co oration ' � Y rp exemptfrom Federal income tax under Section =01(c)(.3) of the Code. r ! b) by a corporation contributions rp �o which are deductible under Section 170(c) of the Code. ARTICLE V DISSOLUTION Upon the liquidation andior dissolution of the Corporate - makingprovision � on. ..�e Board o f Directors, after for the payment of all liabilities of the Corporation,rp shall arrange for the distribution of allofthe assets of the Corporation exclusively tax-exempt for the ax zxempt purposes of the Corporation. either by direct distribution or by distribution to one or more organizations which qualify as exempt organizations under section 50I(c 3of �( ) the Code. as the Board of Directors may determine. .-env of such assets not so distributed within � a reasonable period of time after the ".iquidation and/or dissolution of the Corporation shall be rP disposed of in accordance with the direction of any Court having jurisdiction in the county in which the principal Corporation last was located. � p ncipal otfce of the lin such manner as in the tudgernent of such Court � wnichccomplesh the purposes forCorporation will best the Corporation was organized. ARTICLE VI STATUTORY AGENT The name and address of the initial statutory agent is: William M. Conway 405 W. Franklin Street Tucson- Arizona 85701 ARTICLE VII PLACE OF BUSINESS Initially the Known place of business of the Corporation shall he: : 1000 N. La Canada Drive Oro Valley. Arizona 85777 ARTICLE VIII CLASSES AND .AUTHORITY OF MEMBERS The Corporation snail have no members. .ARTICLE IX BOARD OF DIRECTORS A. The management and control of the business. property and affairs rs o r the Corporation shall be vested in and be conducted by a Board of Directors consisting of an odd number of persons comprising not less than three members nor more than seven. The Town's then acting Director of Finance shall be a permanent member of the Corporation's rp s Board of Directors. The exact number of Directors and the manner of the election and qualifications . q s of the Directors other than the Town's Director of Finance shall be fixed by or in the manner provided . pro i bed i n the By-laws, which are not inconsistent with these Articles. B. The first Boara of Directors shall consist of fiveersTown's p ons of which the then acting Director of Finance shall be one and the others shall be appointedby • the Board of Directors Ar the Greater Oro Valley .Arts Council. The Directors snail serve in accordance with tne terms and Provisions of the Bylaws. Ana until their successors nave been P duly .,.czea Ana qualified. C. Vacancies on the Board of Directors shall be filledv as provided in the Bylaws. All Directors. except in case of vacancies. and except for the first Board of Directors designated esi as herein set forth. shall be desiunated at the Annual Meeting of the Corporation rroora ion ss provided in the Bylaws. Any member of the Board of Directors of the Corporation other than the Town's Director of Finance may be removed and replaced at any time. w.vithor without cause as provided in the Bylaws. D. A quorum or'the Board of Directors shall he establishea in theBylaws.w 3 �a s. out may not He less than two-thirds ot'the number of Directors serving any time. majority . . or those Directors present at any meeting or' the Board of Directors at which a ouorum is present may transact the Husiness ofthe Corporation. unless a_Treater number is called for by these .A.rticies or by the Bylaws. E. The initial members or'the Board or'Directors shall be: 1 . Town's current Director of Finance David Andrews : 1000 N. La Canada Drive ucson. Arizona 85737 =. Directors .Appointed by Greater tiro V ails• Arts Council Richard Eggerding 035, . Fos Cort Lane Oro Valley. AZ 857_77 'paries Doisberry 4156 Biltmore .)ro .�aile�,�. =Z 35777 Sister Lauren Moss 0464 N. Fair Mountain Drive Oro Valley. AZ 85737 Robert Weede. Jr. 1868 W. Wimbledon Way Oro Valley. AZ 85737 .ARTICLE X LIABILITY The personal liabiiity or any Director (or any etherperson who serves. o n a board_ council, committee or like body or. the Corporation in an advisory `aDacir' ) to the Corporation rporation or its Members for monetary damages for a breach of fiduciary but-v is hereby v o eliminated to the extent permitted by law: provided. however. that the foregoingprovision shall not eiim liability of any suchperson � - - hate the liability for any of the following: A. .Any reach of such person•s Jutv 'ovaity :J the i_urporation or its Members. B. .Acts or omissions which are not made :n good :with. ..:►r which involve intentional misconduct or a knowing violation of Iaw. C. violation or A.R.S. 10-106. and 10-i 027. 4 D. Any transaction from which any such person derived an improper personal 5enerit. �. A. violation of A.R.S. 10-1097. .Any repeal or modification of this Article shall not adverseiv affect rfect any right or protection •)r any such person which exists at the time suchor repeal or modification. ARTICLE XI CORPORATE OFFICERS The officers or the Corporation. theirualifications. duties s Ana the manner of their election shall be as set forth in the Bylaws. ARTICLE XII INCORPORATORS INFORMATION The names and addresses of the Incorporator of the Corporation rporatlon are as follows: William M. Conway 405 W. Franklin Street Tucson. Arizona 85701 .A11 powers. duties and responsibilities of the Incorporators rp ors snarl cease on the date and at the ime of the convening of the organization meetingof the Board- ot Directors of the Corporation. ARTICLE XIII PRIVATE PROPERTY EXEMPTION The private property of the Directors and officers oft the Corporation shall be exempt from corporate debts. ARTICLE XIV AMENDMENTS Only by a unanimous vote of the Board of Directors may theseArticles. articles or Incorporation be .emended and only at any regular or special meetingafter notice duly given- I __ en in accordance with law. inc the.Articles of Incorporation: provided that these.Articles shall never be amended so as to make this Corporation other than a charitable. `ducationai cultural. religious or scientific organization on within the meaning of Sections f 0 l(c,(=) and 509(a ( ) of the Code. ARTICLE XV ADDITIONAL RESTRICTIONS AND REQUIREMENTS Q EATS Until this Corporation is determined by the Commissioner of Internal Revenue to be an organization other than a"private foundation" within the meaning of Section 509(a)(.3)of the Code. the following restrictions and requirements are imposed: .A. The Corporation shall distribute :ts income for each tax re in such manner so as not to become subjecttax at such time and to the tax on undistributed income imposed by 4942 of the Code. P , Section B. The Corporation shall not engage in any act of self-dealing elf dealing as defined in Section 4941(d) or.the Code. C. The Corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Code. D. The Corporation shall not make any investments in • such manner as to subject it to tax under Section 4944 of the Code. E. The Corporation shall not make any taxable expenditures pe itures as defined in Section 4945(d) of the Code. IN WITNESS WHEREOF. we have executed these Article s of Incorporation on this 26th day f June. 2002. William M. wav The hereby undersigned. designated herein as Statutory Agent. h v g consents to act as such until removal or resignation in accordance with the Arizona revised statutes. Dated: June 26. 2002 William M. C way 6 EXHIBIT B ARTICLES OF INCORPORATION OF ORO VALLEY ENDOWMENT FUND The undersigned. for the purpose of forming a nonprofit corporation under the laws of the State of Arizona. hereby adopt the following Articles of Incorporation. ARTICLE I NAME The name of the Corporation shall be: ORO VALLEY ENDOWMENT FUND ARTICLE II PRINCIPAL OFFICE The principal office of the Corporation in the State of Arizona shall be situated in the Town • of Oro Valley, Pima County. Arizona: provided, however. that the Corporation may establish other offices and conduct activities anywhere if the same will inure to the benefit of the.Corporation. . ARTICLE III PURPOSES OF THE COR.POR.ATION The Corporation is organized exclusively to foster.promote.support.develop,encourage and maintain charitable or educational purposes which are consistent with or authorized by the charter of the Town of Oro Valley, Arizona ("Town") and in accordance with the Mission Statement included in its Bylaws. The Corporation shall be operated as a support organization of the Town,a political subdivision of the State of Arizona and shall itself qualify as a nonprofit organization under Sections 50 l(c)(3) and 509(a)(3) of the of the 1986 Internal Revenue Code. as amended (herein referred to the "Code"). ARTICLE IV NONPROFIT RESTRICTIONS The Corporation shall not be for profit or pecuniary gain and shall have no capital stock or shares. No part of the net earnings of the corporation shall inure to the benefit of. or be distributable to. its members. trustees. officers or other private individuals. except that the P Corporations shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth herein. No substantial part of the activities of the Corporation shall be the on of propaganda_ or otherwise . carryingP P attempting to influence legislation. and the Corporation shall not participate in. or intervene • . P P in (including the publishing or distribution of statement),any political campaign on behalf ofanv office. P _ candidate forpublic Notwithstanding any other provisions of these articles, the Corporation rp n shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Code. or (b) by a corporation contributions to which are deductible under Section 170(c) of the Code. ARTICLE V DISSOLUTION Upon the liquidation and/or dissolution of the Corporation. the Board of rP Directors, after making provision for the payment of all liabilities of the Corporation. shall all arrange for the distribution of all of the assets of the Corporation exclusively for the tax-exempt purposes of the Corporation. either by direct distribution or by distribution to one or more organizations ganizations which qualify as exempt organizations under section 501(c)(3)of the Code,as the Board ' of Directors may determine. Any of such assets not so distributed within a reasonableeriod p of time after the liquidation and/or dissolution of the Corporation shall be disposed of in accordance ' jurisdiction P with the direction of any Court having in the county in which the principal office of the Corporation last was located.exclusively in such mariner as in thejudgement of- such Court will best accomplish the P purposes for which the Corporation was organized. ARTICLE VI STATUTORY AGENT The name and address of the initial statutory agent is: William M. Conway 405 W. Franklin Street Tucson. Arizona 85701 ARTICLE VII PLACE OF BUSINESS Initially the known place of business of the Corporation shall be: 11000 N. La Canada Drive Oro Valley, Arizona 85737 ARTICLE VIII CLASSES AND AUTHORITY OF MEMBERS The Corporation shall have no members. ARTICLE IX BOARD OF DIRECTORS A. The management and control of the business, property and affairs of the Corporation shall be vested in and be conducted by a Board of Directors consistingof an odd number of persons comprising not less than three members nor more than seven. The Town's then actingDirector of Finance shall be a permanent member of the Corporation's Board of Directors. The exact number of Directors and the manner of the election and qualifications of the Directors other than the ' . Town's Director of Finance shall be fixed by or in the manner provided in the which . By-laws. are not inconsistent with these Articles. B. The first Board of Directors shall consist of five persons of which the Town's then acting Director of Finance shall be one and the others shall be appointed by the Board of Directors of the Greater Oro Valley Arts Council. The Directors shall serve in accordance with the terms and provisions of the Bylaws. and until their successors have been duly elected and qualified. C. Vacancies on the Board of Directors shall be tilled as provided in the Bylaws. All r Directors, except in case of vacancies, and except for the first Board of Directors designated as herein set forth, shall be designated at the Annual Meeting of the Corporation provided in the of rP as Bylaws. Any member the Board of Directors of the Corporation other than the Town's Director of Finance may be removed and replaced at any time. with or without cause asP rovided in the Bylaws. D. A quorum of the Board of Directors shall be established in the Bylaws. but may not be less than two-thirds of the number of Directors serving at any time. A majority of those Directors present at any meeting of the Board of Directors at which a quorum is present may transact the business of the Corporation. unless a greater number is called for by these Articles or by the Bylaws. y 3 E. The initial members of the Board of Directors shall be: 1. Town's current Director of Finance David Andrews 11000 N. La Canada Drive Tucson. Arizona 85737 Directors Appointed by Greater Oro Valley Arts Council Richard Eggerding 10352 N. Fox Croft Lane Oro Valley. .AZ 85737 Charles Dolsberry 14156 Biltmore Oro Valley. AZ 85737 Sister Lauren Moss 10464 N. Fair Mountain Drive Oro Valley. .AZ 85737 Robert Weede, Jr. 1868 W. Wimbledon Way Oro Valley. AZ 85737 ARTICLE Y LIABILITY The personal liability of any Director (or any other person who serves on a board, council, committee or like body of the Corporation in an advisory capacity) to the Corporation or its . rp Members for monetary damages for a breach of fiduciary is hereby eliminated to the extent duty _ permitted by law: provided, however. that the foregoing provision shall not eliminate the liability of any such person for any of the following: A. Any breach of such person's duty of loyalty :o the Corporation or its Members. B. Acts or omissions which are not made in good faith. or which involve intentional misconduct or a knowing violation of law. C. .A violation of A.R.S. 10-1026. and 10-1027. 4 D. Any transaction from which any such person derived an improperP ersonal benefit. E. A violation of A.R.S. 10-1097. Any repeal or modification of this Article shall not adversely affect any right or protection of any such person which exists at the time of such repeal or modification. ARTICLE XI CORPORATE OFFICERS The officers of the Corporation. their qualifications. duties and the manner of their election shall be as set forth in the Bylaws. .ARTICLE XII INCORPORATORS INFORMATION The names and addresses of the Incorporator of the Corporation are as follows: William M. Conway 405 W. Franklin Street Tucson. Arizona 85701 All powers.duties and responsibilities of the Incorporators shall cease on the date and at the time of the convening of the organization meeting of the Board of Directors of the Corporation. ARTICLE XIII PRIVATE PROPERTY EXEMPTION The private property of the Directors and officers of the Corporation shall be exempt from corporate debts. ARTICLE XIV AMENDMENTS Only by a unanimous vote of the Board or Directors may these Articles of Incorporation be amended and only at any regular or special meeting after notice duly given in accordance with law, and the Articles of Incorporation: provided that these Articles shall never be amended so as to make D INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: NOV 14 2002 30-0114477 DLN: 17053268006032 ORO VALLEY ENDOWNMENT FUND Contact Person: 11000 N LA CANADA DR TYLER N CHUMNEY ID# 31321 ORO VALLEY, AZ 85737 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Form 990 Required: Yes Addendum Applies: No Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section 501 (c) (3) . We have further determined that you are not a private foundation within the meaning of section 509 (a) of the Code, because you are an organization described in section 509 (a) (3) . If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, if you are involved in an excess benefit transaction, that transaction might be subject to the excise taxes of section 4958. Additionally, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please contact your key district office. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509 (a) (3) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the Letter 947 (DO/CG) this Corporation other than a charitable. educational. cultural. religious or scientific organization within the meaning of Sections 501(0(3) and 509(a)(3) of the Code. ARTICLE XV ADDITIONAL RESTRICTIONS AND REQUIREMENTS Until this Corporation is determined by the Commissioner of Internal Revenue to be an organization other than a"private foundation"within the meaning of Section 509(a .. �( �ofthe Code. the following restrictions and requirements are imposed: A. The Corporation shall distribute its income for each tax year at such time and in such manner so as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code. B. The Corporation shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code. C. The Corporation shall not retain any excess business holdings as defined in Section 4943(c j of the Code. D. The Corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code. E. The Corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Code. IN WITNESS WHEREOF. we have executed these Articles of Incorporation on this 28th day of August. 2002. William M. Conway The undersigned. designated herein as Statutory Agent. hereby consents to act as such until removal or resignation in accordance with the Arizona revised statutes. Dated: August 28. 2002 William M. C o y } 6 -2- ORO VALLEY ENDOWNMENT FUND part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509 (a) (3) organization. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of Code sections 2055, 2106, and 2522 . Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for charity. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25, 000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25, 000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10, 000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000, 000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000, 000 shall not exceed $50, 000. This penalty may also be charged if a return is not complete, so be sure your return is complete before you file it. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. Letter 947 (DO/CG) -3- ORO VALLEY ENDOWNMENT FUND You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. This determination is based on evidence that your funds are dedicated to the purposes listed in section 501(c) (3) of the Code. To assure your continued exemption, you should keep records to show that funds are expended only for those purposes. If you distribute funds to other organizations, your records should show whether they are exempt under section 501 (c) (3) . In cases where the recipient organization is not exempt under section 501 (c) (3) , there should be evidence that the funds will remain dedicated to the required purposes and that they will be used for those purposes by the recipient. If distributions are made to individuals, case histories regarding the recipients should be kept showing names, addresses, purposes of awards, manner of selection, relationship (if any) to members, officers, trustees or donors of funds to you, so that any and all distributions made to individuals can be substantiated upon request by the Internal Revenue Service. (Revenue Ruling 56-304, C.B. 1956-2, page 306.) If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Lois G. Lernerlvv Director, Exempt Organizations Letter 947 (DO/CG) • The written substantiation should also note whether the donee organi7a- �...L•[/..�:tab l Contrth&ion.5 _ _ r •- or D •r. � rGr • r� � • o or part, provided any goodsservices in const ation, an.whole in pa,t, Etd,-stantia6an and,Disdnsure Req�� iL� for the c0nti- 1t ;01 and,if`0.?rust provide a description and -VVrI':_TGit ethevalue of the_, e e e rt- ..+ of r!��r? or services. � the new law � �r � estimate VLj'.1J va 7•✓�.�. _ these�J .• referred tows"quid pro quo contributions." UNDER THE NEW LAW,CHARITIES WILL NEED TO PRO- Please note that there is a new law requiring charities to furnish VIDE NEW KINDS OF INFORMATION TO DONORS.Failure to disclosure statements to donors for such quid pro quo donations in do so may result in denial of deductions to donors and the imposition of excess of$75.This is addressed in the next section regarding Disclo- penalties on charities. sure By Charity. Legislation signed into law by the President on August 10, 1993,con- If the goods or services consist entirely of intangible religious benefits, tains a number of significant provisions affecting tax-exempt charitable the statement should indicate this,but the statement need not describe or organizations described in section 501(c)(3)of the Internal Revenue provide an estimate of the value of these benefits."Intangible religious Code.These provisions include:(1)new substantiation requirements for benefits"are also discussed in the following section on Disclosure By donors,and(2)new public disclosure requirements for charities(with Charity. If,on the other hand,the donor received nothing in return for potential penalties for failing to comply). Additionally,charities should the contribution,the written substantiation must so state. note that donors could be penalized by loss of the deduction if they fail to substantiate.THE SUBSTANTIATION AND DISCLOSURE The present law remains in effect that,generally,if the value of an item PROVISIONS APPLY TO CONTRIBUTIONS MADE AFTER or group of like items exceeds$5,000,the donor must obtain a qualified DECEMBER 31,1993. appraisal and submit an appraisal summary with the return claiming the deduction. Charities need to familiarize themselves with these tax law changes in order to bring themselves into compliance.This Publication alerts you The organization may either provide separate statements for each contri- to the new provisions affecting tax-exempt charitable organizations.Set bution of$250 or more from a taxpayer,or furnish periodic statements forth below are brief descriptions of the new law's key provisions.The substantiating contributions of$250 or more. internal Revenue Service • lans to provide further iin the near plans �' guidanceSeparate payments are regarded as independent contributions and are future. not aggregated for purposes of measuring the$250 threshold.However, the Service is authorized to establish anti-abuse rules to prevent avoid- ance of the substantiation requirement by taxpayers writing separate Donor's Substantiation Reauirements smaller checks on the same date. If donations are made through payroll deductions,the deduction from each paycheck is regarded as a separate payment. Documenting Certain Charitable Contributions.—Beginning Janu- y 1, 1994,no deduction will be allowed under section 170 of the Inter- A charity that knowingly provides false written substantiation to a donor al Revenue Code for any charitable contribution of$250 or more un- may be subject to the penalties for aiding and abetting an understate- less the donor has contemporaneous written substantiation from the ment of tax liability under section 6701 of the Code. charity.In cases where the charity has provided goods or services to the donor in exchange for making the contribution;this contemporaneous written acknowledgement must include a good faith estimate of the T e ;.� Da re b' Qarity of R �,..,ip�. value of such goods or services.Thus,taxpayers may no longer rely solely on a cancelled check to substantiate a cashcontribution of$250 . A —kTCnsi iv✓c.u. .�r��v ormore. ___ _....__z-__�_;____ -• _ �..�.. �_�__.�. _.._.��___..�. The substantiation must be"contemporaneous."That is,it must be ob- tained by the donor no later than the date the donor actually files a re- Beginning January 1, 1994,under new section.6115 of the Internal Rev- turn for the tax year in which the contribution was made. If the return is enue Code,a charitable organization must provide a written disclosure filed after the due date or extended due date,then the substantiation statement to donors who make a payment,described as a"quid pro quo must have been obtained by the due date or extended due date. contribution,"in excess of$75.Tnis requirement is separate from the written substantiation required for deductibility purposes as discussed The responsibility for obtaining this substantiation lies with the do- above.While,in certain circumstances,an organization may be able to nor,who must request it from the charity.The charity is not required meet both requirements with the same written document,an organiza- to record or report this information to the IRS on behalf of donors. tion must be careful to satisfy the section 6115 written disclosure state- ment requirement in a timely manner because of the penalties involved. The lecfislatinn provides that substantiation will not be required i f,in required VV a a.♦ r accordance with regulations prescribed by the Secretary,the charity A quid pro quo contribution is a payment made partly as a contribution reports directly to the IRS the information required to be provided in the and partly for goods or services provided to the donor by the charity.An written substantiation.At present,there are no regulations establishing example of a quid pro quo contribution is where the donor gives a char- procedures for direct reporting by charities to the IRS of charitable con- ity.$100 in consideration for a concert ticket valued at$40.In this ex- tributions made in 1994.Consequently,charities and donors should be ample,$60 would be deductible.Because the donor's payment(quid pro prepared to provide/obtain the described substantiation for 1994 coritri- quo contribution)exceeds$75,the disclosure statement must be fur- butions of$250 or more. nished,even though the deductible amount does not exceed$75. There is no prescribed format for the written acknowledgement.For Separate payments of$75 or less made at different times of the year for example,letters,postcards or computer-generated forms may be accept- separate fundraising events will not be aggregated for purposes of the 1e. The acknowledgement does not have to include the donor's social $75 thre hold However,the ervic authorized develop ant: abuse ... u vvaava�.a,�V••v•va,►aav vva t avv is to develop V1V4.1 Q11L1-aV11Jl. .;urity or tax identification number.It must,however,provide suffi- rules to prevent avoidance of this disclosure requirement in situations cient information to substantiate the amount of the deductible contnbu- such as the writing of multiple checks for the same transaction. tion.The acknowledgement should note the amount of any cash contri- bution.However,if.the donation is in the form of property,then the The required written disclosure statement must: acknowledgement must describe,but need not value,such property. Valuation of the donated property is the responsibility of the donor. {1) inform the donor that the amount of the contribution that is de- g 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 16, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Approval of Ordinance No. (0) 05-09 Rescinding Ordinance Number (0) 00-20 and Amending Section 4-504 F.(8) Public Art Provisions of the Town Zoning Code. SUMMARY: On February 7, 2001, the To Council formed the Public Arts Endowment Advisory Committee pursuant to Ordinance No. (0) 00-20 wokdirected that the Town create a public arts endowment fund in order to create a perpetual revenue source ze e.to fund meaningful public arts in Oro Valley. One source of funding was identified as developer contributions from the 1% for Art Program as identified in Ordinance No. (0) 00-19, Section 4-504 F.(8) of the Oro Valley Zoning Code Revised. k; ) August 20, 2001, the Public Arts Endowment Advisory Committee received direction from the Council to tablish a community foundation or supporting organization to establish a permanent funding source for GOVAC and to develop an organization that would allow local residents and businesses the vehicle to make tax-exempt donations to a variety of charitable purposes serving the Oro Valley community. On November 6, 2002, the Council was notified that Oro Valley Endowment Fund was incorporated as a 501(c)(3) and 509(a)(3) non-profit charitable organization. Its mission statement is as follows: "The Fund supports GOVAC and other community organizations serving the Town, through the solicitation, administration and investment of funds. Its goal is to build long-term endowment for and also, make immediate awards in order to further the arts, cultural activities and other services that will enhance the lives of citizens for many years into the future." At that same meeting, the Council accepted the Public Arts Endowment Advisory Committee's recommendations and dissolved the Committee by way of Council Motion. The item you have before you explicitly recognizes the Oro Valley Endowment Fund as the organization responsible to create and administer arts endowments for the Town by rescinding Ordinance No. (0) 00-20 which will formally dissolve the Public Arts Endowment Advisory Committee. Modifications to Ordinance No. (0) 00-19 direct certain ranges of funding of the 1% for Public Arts funding to the Oro Valley Endowment Fund rather than the "Oro Valley Public Arts Endowment Fund". The Oro Valley Endowment Fund was established in lieu of the Oro Valley Public Arts Endowment Fund. • TTACHMENTS: F:ICOUNCOMI2-16-05 CC OVEF.doc TOWN OF ORO VALLEY titUNCIL COMMUNICATION Paoe 2 of 2 1. Ordinance No. (0) 05-09 Rescinding Ordinance No. (0) 00-20 and Modifying Section 4-504 F.(8) Public Arts Provision of the Town Zoning Code 2. Council Communication—November 6, 2002 3. Council Communication—January 23,2002 4. Ordinance No. (0) 00-19 5. Ordinance No. (0) 00-20 SUGGESTED MOTION: I move to approve Ordinance No. (0) 05- 09 . or I move to... j 1 • David Andrews,Finance Director L.i " Chuck Sweet, Town Manager • F:ICOUNCOMI2-16-O5 CC OVEF.doc IIORDINANCE NO. (0) 05 - 09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RESCINDING ORDINANCE NUMBER (0) 00-20, WHICH ADOPTED AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND AND RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 4, AMENDING SECTION 4-504 F. PUBLIC ART PROVISIONS; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on December 6, 1995, the Council approved Ordinance No. (0) 95-85, which adopted a certain document entitled "Oro Valley Town Code, Chapter 6, Building", as the sixth chapter of the official Town Code; and WHEREAS, on June 20, 2000, the Council approved Ordinance No. (0) 00-20, which adopted the amendment to the Oro Valley Town Code, Chapter 6, Article 6-1-6, Establishment of a 40 Public Arts Endowment Fund; and WHEREAS, the Council has determined Chapter 6, Article 6-1-6 adopted by Ordinance No. (0) 00-20, is no longer an operative part of the Oro Valley Town Code; and WHEREAS, the Town Council approved Section 4-504 F, Public Art Provisions" as part of the Chapter 4 of the Oro Valley Town Zoning Code Revised (OVZCR); and WHEREAS, on June 7, 2000, the Town Council approved Ordinance No. (0) 00-19 to amend Chapter 4, Section 4-504 F, Public Art Provisions; and WHEREAS, Chapter 4, Section 4-504 F provides that all new commercial employment projects as well as existingdevelopments that propose 25% or more expansion and/or change in use shall contribute onep ercent(1%) of the building construction costs towards public arts projects; and WHEREAS, the Town deems it necessary to amend Chapter 4, Section 4-504 F (7) in order to enable funding of Public Art by voluntary donation of the one percent (1%) for the arts to the Oro Valley Endowment Fund, a support organization of the Town that has been incorporated as a nonprofit organization under Sections 501 (c) (3) and 509 (a) (3) of the 1986 Internal Revenue p g Code. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valle Arizona that a certain documents, known as "The Oro Valley Town Code" and the "The • Valley, ZoningCode Revised" is are he Town of Oro Valley, Arizona, Oro Valley b hereby amended as follows: C:\Documents and Settings\dtanner\Local Settings\Temporary Internet Files\OLK51\Art Endowment.doc • SECTION 1. That Oro Valley Town Code, Chapter 6, Article 6-1-6 adopted by Ordinance No. (0) 00-20 is hereby rescinded. ZoningCode Revised. Chapter 4, Section 4-504 F (7) is amended to SECTION 2. Oro Valley read as follows, with additions being shown in ALL CAPS and deletions being shown in Strikethfeu0 text: F. Public Art Provisions 7. Public artwork: a. Shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site, UNLESS DEVELOPER ELECTS TO DONATE THE 1% FOR THE ARTS AS PROVIDED IN SECTION 8 OF THIS SUBSECTION, preferably on the exterior of the building. Art may be located within the and p y building in a retail or hotel project,but not in an office project. 411 c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture — freestanding, wall-supported or in � suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, produced unique are and/or in limited editions by an artist. A portion of ° mayalso be used to construct performing art facilities used for and by the l /o the public for the promotion and production of the arts. The followinggenerallyare not considered to be art, and, therefore, should not e. be offered to satisfythe requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or � p most art standard "off-the-shelf' playground equipment, fountains, or statuary; reproductions; ordinarylandscaping, which normally would be associated with theJroj ect; and the services or utilities necessary to operate or maintain p artworks over time. 8. For ALL commercialprojects'ects where the total building construction cost is $500,000 or less, the owner/DEVELOPER mayelect to contribute the 1% ($5,000) to the Oro Valley Endowment Fund or anyspecifically approved art project in the art fund or to Public Acts p , • art ro'ect lanned for the development that contains the contributor s an approved joint project p building og r to an accredited art organization placing art within the boundaries of the Town. For commercialprojects j ects where the building construction cost is $10,000,000 or more, the J C:\Documents and Settings\dtanner'1Local Settings\Temporary Internet Files\OLK5I\Art Endowment.doc • • owner may elect to contribute that portion of the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the arts fund or to an accredited art organization placing art within the boundaries of the Town. 9. ArtJro'ects may have a small plaque not to exceed 80 square incheds in size identifying p the work, artist and contributors. SECTION 3. It has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for anyreason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 16th day of February, 2005. • TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Acting Town Attorney • C:\Documcnts and Settings\dtanner\Local Settings\Temporary Internet Files\OLK51\Art Endowment.doc s TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: November 6, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Public Arts Endowment AdvisoryCommittee— Final Report to the Town Council SUMMARY: On February 7, 2001 the Oro ValleyTown Council appointed five people to the Public Arts Endowment Advisory Committee: Mr. Dick Eggerding Ms. Wendy Timm Mr. Buzz Dolsberry Sister Lauren Moss David Andrews, Staff Support Ila meetings over the following year to The committee held several me discuss the possibility of establishing g tax-exempt, charitable organization to serve the Oro Valley community. On January 23, 2002 the Council, with the Committee's recommendation, approved a roved a letter of engagement between London • Town to provide consultant services for the formation, administration, Pacific Advisors, Inc. and the investment su supporting organization for the arts. Committee members and of an OroValley pP 9 and staff worked closely with the consultant since that time to establish this organization. This evening we are please to inform the Council that the Oro Valley Endowment Fund has been incorporated as a 509(a)(3) non-profit charitable organization. Its mission statement according to its pro g by-laws is as follows. "The Fund supports GOVAC and other community organizations serving the Town, through the solicitation, administration and investment of funds. Its goal is to build long- term endowment foralso, and make immediate awards in order to further the arts, cultural activities and other services that will enhance the lives of citizens for many years into the future." With the completion of this incorporation, longer it is no Ion er necessary for the continued existence of the Public Arts Endowment Advisory Committee. Therefore, staff is recommending that the Council move to accept this as a final committee report and dissolve the committee. Staff will continue to work closely with the Board of Directors of the Oro Valley Endowment Fund and SLondon Pacific Advisors to complete the following tasks: TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 • Internal Revenue Service approval of Fund's tax-exempt status • Contractual agreement between the Town and the Fund related to the 1% for Public Arts contributions • Possible Town Code changes related to the 1% for Public Arts • Develop administrative and investment policies and procedures for the Fund All future meetings related to these issues will be held under the auspices of the Oro Valley Endowment Fund. Under the corporate by-laws, the Town's Finance Director is a board member and will facilitate the relationship between the Corporation and the Town. ATTACHMENTS: 1. Articles of Incorporation of the Oro Valley Endowment Fund 2. By-Laws of the Oro Valley Endowment Fund SUGGESTED MOTION: Ireport move to accept the final re of the Public Arts Endowment Advisory Committee and dissolve the ommittee. or I move to . . . . 4R 2 David L. Andrews Finance Director 5/--) Chuck Sweet Town Manager • • TOWN OF ORO VALLEY •UNCIL COMMUNICATION MEETING DATE: January 23, 2002 TO:• HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director Consideration and Possible Approval of a Letter of Engagement between London SUBJECT: Conside Pacific Advisors and the Town of Oro Valley on Behalf of the Oro Valley Public Arts Endowment AdvisoryCommittee and Amending the Town Budget SUMMARY: The Town Council was provided with a status report regarding the activities of the Public Arts o Committee (PAEAC) at a study session on August 20, 2001. One of the Endowment Advis ry objectives of that discussion i cussion was to receive direction from the Council in regard to the Town's desire community foundation or supporting organization. The fundamental reason for to establish a com y pursuing these broader options would be to establish a permanent funding source for GOVAC and to develop an organization that would allow local residents and businesses the vehicle to make tax- exempt donations to a varietyof charitable purposes serving the Oro Valley community. e general direction received from Council was for the committee to proceed with its research 9g ardin the establishment of such an organization. meeting of the PAEAC a presentation was made by Mr. Bill McMorran and Mr. At the September 27 me g Brian Murphy of London Pacific Advisors regarding consultant services for the formation, administration and investment activities of an Oro Valley supporting organization for the arts. This organization would be established as a tax exempt, non-profit organization. It was the PAEAC's unanimous recommendation that the Town retain the services of London Pacific Advisors to facilitate the formation of the supporting organization. you item you have before for consideration is a Letter of Engagement to hire London Pacific Advisors as consultants to the Town for the development of an arts-related supporting organization. The scope of work, tasks, timeframe and fees are outlined in the agreement. The $10,000 in consultingfees would be funded by a transfer from the General Fund contingency to Administration's "outsideprofessional services" line item. The Town Attorney has the General . • additional $3,500 in costs for outside legal fees. These fees would be absorbed within estimated an the Legal Department's existing budget. ATTACHMENTS: 1. Letter to Mayor and Council from Dick Eggerding, on behalf of the Oro Valley Public Arts Endowment Advisory Committee between the Town of Oro Valley and London Pacific Advisors, Inc. Letter of Engagement M Minutes from Town Council's August 20, 2001 Study Session 4. Ordinance No. (0)00-20 Establishing a Public Arts Endowment Fund • rTOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 2 of 2 STAFF RECOMMENDATION: approval of the Letter of Engagement. Staff also advises that certain sections of Staff recommends 9 the Town Code related to the establishment of a public arts endowment fund may potentially need to be modified in the future to accommodate the Town's direction towards the development of a supporting organization. SUGGESTED MOTION: I move to approve the Letter of Engagement a ement between the Town of Oro Valley and London Pacific g Advisors, Inc. and amend the Town budget to provide funding in an amount of $10,000 from the General Fund contingency. or I move to continue this item to a future study session on /-9./44/7;b2 David L. Andrews Finance Directo AIL 4/..40Arid 1 huck Sw:-t Town Manager • ORDINANCE NO.(0)00-19 AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED,CHAPTER 4,AMENDING SECTION 4-504 F. PUBLIC ART PROVISION; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY ZONING CODE REVISED,AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Zoning Code Revised,Chapter 4,amending Section 4-504 F.,Public Art Provision,is hereby amended to read: CHAPTER 4 SUBDIVISIONS AND DEVELOPMENT PLANS • ARTICLE 4-5 DEVELOPMENT PLAN Sec.4-504 Contents; Identification and Description All development plan submittals shall contain the following: F. Public Art Provisions 1. All new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1% of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed, by the Planning and Zoning Administrator. Members shall include at least one • (0)00-19 p.2 • artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. The public art must be approved by the Town Council within 90 days of the issuance of a building permit. 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner. 6. Individual owners within a commercial center are encouraged to contribute to a coordinated art project for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved development plan. 7. Public artwork: • a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art may be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard"off-the-shelf' playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 'Ord. (0)00-19 p.3 • 8. For commercial projects where the total building construction cost is $500,000 or less, the • owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Art Fund or to an approved joint art project planned for the development that contains the contributor's building. For commercial projects where the building construction cost is$10,000,000 or more, the owner may elect to contribute that portion of the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. 9. Art projects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors.. . SECTION 2. All ordinances and parts of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section , subsection, sentence, clause, phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not • affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June 2000. • Paul H. Loomis,Mayor ATTEST: Kathry uvelier,Town Clerk APPROVED AS TO FORM: flag '/f Dan L.Dudley,Town Adorn;- • • PUBLISH: Daily Territorial June 15, 16, 19, & 20, 2000 POSTED: June 13 - July 12, 2000 rg DEVELOPMENT PLAN Sec. 4-504 F. Public Art Provisions 1. All new commercial employment related projects, as well as all existing developments that propose 25% or more expansion and/or change in use shall contribute 1% of the building construction cost towards public arts projects. • 2. A note shall be included on the development plan that states that the applicant shall be responsible for allocating 1`)/0 of the cost of all private projects to provide funding for public art. 3. Public Art Review Committee a. The Public Art Review Committee shall be composed of 3 to 5 members, appointed by the Planning and Zoning Administrator. Members shall include at least one artist, one architect, and one private citizen. b. A color rendering or model shall be reviewed by PARC, and a recommendation for the design and location shall be sent to the Town Council for their approval. c. The public art must be approved by the Town Council within 90 days of the .issuance of building permit. • 4. All financial arrangements are negotiated between the developer and the artist(s) and should be verified in a written agreement. Copies of the signed contracts between the developer and the artist(s) shall be submitted to the Town of Oro Valley Planning and Zoning Administrator for certification as complying with the dollar amount prior to issuance of the Certificate of Occupancy. Completion of the artwork is required before a Certificate of Occupancy may be issued. 5. The installation of the artwork will be done in a manner that will protect the artwork and the public. Continued maintenance of the artwork shall be the responsibility of the owner. Individual owners within a commercial center may are encouraged to contribute to a majof piece of art. coordinated art project for the entire center. Art shall be constructed upon the completion of 50% of the commercial center based on the approved developmentplan. 7. Public artwork: a. shall be defined as art accessible to public viewing at least forty (40) hours each workweek. b. Shall be on-site and preferably on the exterior of the building. Art my be located within the building in a retail or hotel project, but not in an office project. c. Shall be permanently affixed. 411 Oro Valley Zoning Code Revised (Rev.9/99) 4-37 • Sec. 4-504 DEVELOPMENT PLAN • d. Examples of the kinds of art projects to be considered as public artwork include, but are not limited to: sculpture—freestanding, wall-supported or suspended; murals or paintings; earthworks, fiberworks, mosaics; and building features and fixtures, like bike racks, benches, fountains or shade screens, which are unique and/or produced in limited editions by an artist. A portion of the 1% may also be used to construct performing art facilities used for and by the public for the promotion and production of the arts. e. The following generally are not considered to be art, and, therefore, should not be offered to satisfy the requirements of this ordinance: ordinary directional or standard such as graphics or color-coded location indicators; mass-produced or standard "off-the-shelf" playground equipment, fountains, or statuary; most art reproductions; ordinary landscaping, which normally would be associated with the project; and the services or utilities necessary to operate or maintain artworks over time. 8. For commercial projects where the total building construction cost is $500.000 or less, the owner may elect to contribute the 1% ($5,000) to the Oro Valley Public Arts Endowment Fund or any specifically approved art project in the Arts Endowment Fund or to an approved joint art prosect planned for the development that contains the contributor's building. For commercial projects where the building construction cost is$10,000,000 or more,the owner may elect to contribute that portion if the 1% over $100,000 to the Oro Valley Public Arts Endowment Fund or to any specifically approved art project in the Arts Endowment Fund. • 9. Art proiects may have a small plaque not to exceed 80 square inches in size identifying the work, artist, and contributors. • • • Oro Valley Zoning Code Revised (Rev.9/99) 4-38 I i . 1 • ORDINANCE NO. (0)00- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS TO THE ORO VALLEY TOWN CODE, CHAPTER 6, AMENDING ARTICLE 6-1, ESTABLISHING A PUBLIC ARTS ENDOWMENT FUND, DEFINING THE PURPOSE AND FUNCTION OF THE FUND, ESTABLISHING HOW THE FUND WILL BE MANAGED AND MAINTAINED, CREATING A PUBLIC ARTS ENDOWMENT ADVISORY COMMISSION TO REVIEW AND MONITOR PROJECTS FUNDED; ESTABLISHING THESE AMENDMENTS AS PART OF THE ORO VALLEY TOWN CODE, AND FIXING THE EFFECTIVE DATE THEREOF; PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDING THAT HAVE ALREADY BEGUN THEREUNDER • BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. Oro Valley Town Code, Chapter 6, Article 6-1, Section 6-1-6, is hereby amended to read: CHAPTER 6 BUILDING ARTICLE 6-1 BUILDING CODE Section 6-14 ESTABLISHMENT OF A PUBLIC ARTS ENDOWMENT FUND A. The Town Council shall create a Public Arts Endowment Fund. The of this endowment is to create perpetual source of revenue to fund purpose meaningful public arts in Oro Valley. Meaningful public arts would include arts education. arts performance areas. arts perforrnance, art works and sculptures, and other arts deemed appropriate. Contributions to the fund will come from the • following sources: (0)00-20 p.2 L s r� + • 1 1. Contributions from developer projects as described in Chapter 4 Section 4- 504 F. (8) of the Oro Valley Zoning Code Revised. 2. Any other contribution or donation from a person, group. organization or business specifically earmarked for the Public Arts Endowment Fund. B. The Town shall select a fund administrator to manage the Public Arts Endowment Fund. 1. An Endowment Fund Agreement between the Town and the fund administrator shall be approved and shall define specific guidelines for the administration and expenditure of funds. 2. The balance of funds shall not be less than the total in-lieu-of contribution to date unless a major art project is approved by the Town Council. 3. Individual one-time expenditures shall not reduce Endowment principal by more than 25%, nor 25% of total to-date contributions, which ever is less. 4. Approved projects will not be initiated and contracts with artists will not be approved until 100% of the funds necessary to complete the project are in the Arts Endowment Fund. 5. Interest earnings from the Endowment Fund may be used to fund budgetary requests from the Greater Oro Valley Arts Council (GOVAC) and other Town Council approved Arts projects. • C. A Public Arts Endowment Advisory Commission (PAEAC) shall be established by the Town Council and shall be comprised of one member from Town of Oro Valley staff. one member from GOVAC, one active artist, one arts fund administrator,and one Oro Valley citizen. 1. The PAEAC shall receive and review all project proposals which request funding from the Public Art Endowment Fund. 2. The PAEAC shall forward all recommended projects to the Town Council for final Funding approval. 3. The PAEAC shall develop criteria, policies and procedures for project submittal and approval. SECTION 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the amendments to the Oro Valley Town Code adopted herein reference are hereby repealed on the effective date of this P by ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Town Code adopted herein by reference does not affect rights and duties that have matured orP enalties that were incurred and proceedings that were begun before the effective date of the repeal. (0)00-20 p.3 SECTION 4. If any section,subsection, sentence, clause, phrase or portion of the • ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7th day of June 2000. Paul H. Loomis, Mayor ATTEST: Katlirityn Cuvelier, Town Clerk APPROVED AS TO FORM: • En Dan L. Dudley, Town r torn- • PUBLISH: Daily Terr' orial June 15, 6, 19, & 20, 2000 POSTED: June 13 - July 12, 2000 rg t t S ":',./.*':- �x a -,:-..„-;-:„:',,-'1 s:%� t' aa. K :.. 5: dy a ..1191 .143 � 1,2;'----;::-F— ,t7;4t. c �A +z J ° 3 Y° is Vi 0 0 • - -73'.‘ a _ tp ,. — e.g.N 113 CO cr ,—;---,1 lij. 1 .,,lki,,,,,,,,,,,,:,_,:, 3 .,..... ..,„ 1 C.xis .. :yam' 2 J '4,1'1 y'• `-"E-11 ,6F:. .;4:7 idaill ' rilai,iiii: 1 i'1 1 P. ! 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O ,*`tr ` k$S a r4�1m'*& K :all—,F m50kx;' ria, -, -.1.' .., . a, . $ c—''' — /I - "�miC J� ,,�,.._ iz ,E.) , 1, ;it lip._- . . , t‘ , ‘,..„ ,,, .., ,..,.., r; ! .--;-(--- - .‘..' og ,--A.4 l';:.:;..-,,,, r i", '' '!! '''''It-:.4'ir'''t::-73.:' C''' I -4 '''' a2 I 'III I ' '.1.$:: mss" `-'--1:2 '4`��^ � • yy 2-:',:,.- „,,„,,,,,. ,,,,, 1 ,...114- ... , ,,,. „,,,. ,, , _ ...,,,,---,,•,...,.' k,,I.,,,-. .-..-_ N d r ,'^,.«`gym a'w. J ,„ lit ' hi M (q:&' g t_I fD rCo ro o Q � G ro W , y`C z3` i "4`s`rt i►'* y C m icill'!;971ri. .+ p .r>r >v m y 1t 1 F 0 o a ial'' '''6110,q7- aMo >; roo �, � b O�Sv`CO ^� - gym .U d �' iiOQ. Q-5 ' ; v a O roflo ` v� fD .r. 67 rcfvn n O ry F"gm•-I � � �tO y p � O rt" qii°,,1 ,-. O ii n ;,,11,-;_g_.--; zt- C 5.',7%,'::-6.,:-.- 2`. O O ,i7 r •'1 R,',' ii. ' I 0n C O y ��t P-Q pi ?..,II: o';" g m ; 'Al v @0 _AtiN O O y �t p �' �, ;n cn ?o t,-31 • rt�-�+ �-+, o 0 COAAA;/i 3-) Oro Valley Endowment Fund Q: Do we have any additional offices at other locations? A: No, there are no additional offices at other locations. Q: Please provide the names and dates of the current Board members and their terms. A: Richard Eggerding, Bob Weede, David Andrews, Marilyn Cook and Bob Langwig. No term limits. Q: Annual reports the past two years. A: Please see attachment. Q: Have any officers received salaries or other compensation? If so, how much? A: No, the officers are not compensated. Q: The Bylaws, Section 5: Confidentiality. Why? A: This type of language is common legal practice. G:\Danielle\Endowment Fund\OVEF questions.doc ,,,,._, -4-4 ._64, STATE OF ARIZONA C0RPOO �. CORPORATION COMMISSION -. ! A _ 4,-,,,-; y, 1 t... ,. i-4,: - CORPORATION ANNUAL REPORT � _ - = CERTIFICATE OF DISCLOSURE ° & f )b, DITAT Deus+f? • 1 � ON OR BEFORE 04/26/2005 FY04-0 5 FILING FEE $10.00 The following information is required by A.R.S. §§10-1622 & 10-11622 for all corporations organized pursuant to Arizona Revised Statutes, Title 10. The Commission's authority to prescribe this form is A.R.S. §§10-121.A. & 10-3121.A. YOUR REPORT MUST BE SUBMITTED ON THIS ORIGINAL FORM. Make changes or corrections where necessary. Information for the report should reflect the current status of the corporation. See instructions on page 4 for proper format. 1• -1035877-0 ORO VALLEY ENDOWMENT FUND 11000 N LA CANADA DR ORO VALLEY, AZ 85737 .5),D 2,2- q_4/9,25---- Business Phone: L(Business phone is optional.) State of Domicile: ARIZONA Type of Corporation: NON-PROFIT 2. Statutory Agent: WILLIAM M CONWAY Physical Address, If Different. Mailing Address: 405 W FRANKLIN ST Physical Address: City, State, Zip: TUCSON, AZ 85701 City, State, Zip: Use this box only if appointing a new Statutory Agent li ACC USE ONLY Fee $ If appointing a new statutory agent, the new,agent MUST consent to that appointment by signing below. Penalty $ I,(individual)or We,(corporation or limited liability company)having been designated the new Statutory Agent, Reinstate $ do hereby consent to this appointment until my removal or resignation pursuant to law. Expedite $ Signature of new Statutory Agent Resubmit$ Printed Name of new Statutory Agent 3. Secondary Address: (Foreign Corporations are REQUIRED to complete this section). 4. Check the one category below which best describes the CHARACTER OF BUSINESS of your corporation. BUSINESS CORPORATIONS NON.-POI FIT CORPORATIONS - 1.Accounting _20. Manufacturing 1. y Charitable _ 2.Advertising _21. Mining 2. _ Benevolent 3.Aerospace _22. News Media 3. _ Educational _ 4.Agriculture _23. Pharmaceutical 4. _ Civic 5.Architecture _24. Publishing/Printing 5. _ Political _ 6.Banking/Finance _25. Ranching/Livestock 6. _ Religious _ 7.Barbers/Cosmetology _26. Real Estate 7. _ Social _ 8.Construction _27. Restaurant/Bar 8. , Literary _ 9.Contractor _28. Retail Sales 9. _, Cultural _10.Credit/Collection _29. Science/Research 10. _ Athletic 11.Education _30. Sports/Sporting Events 11. _ Science/Research _12.Engineering _31. Technology(Computers) 12. _ Hospital/Health Care _13.Entertainment 32. Technology(General) 13. Agricultural 0 -14.General Consulting _33. Television/Radio 14. _ Animal Husbandry 15.Health Care -34. Tourism/Convention Services 15. _ Homeowner's Association _16.Hotel/Motel _35. Transportation 16. _ Professional,commercial _17.Import/Export _36. Utilities industrial or trade association _18.Insurance -37. Veterinary Medicine/Animal Care 17. _ Other 19.Legal Services __38. Other -10 3 5 8 7 7-0 ORO VALLEY ENDOWMENT FUND Page 2 5. CAPITALIZATION: (Business Corporations and Business Trusts are REQUIRED to complete this section.) .� Business trusts must indicate the number of transferable certificates held by trustees evidencing their beneficial interest in the trust estate. Please Print or Type Clearly. 5a. Please examine the corporation's original Articles of Incorporation for the amount of shares authorized. Number of Shares/Certificates Authorized Class Series Within Class (if any) 5b. Review all corporation amendments to determine if the original number of shares has changed. Examine the corporation's minutes for the number of shares issued. Number of Shares/Certificates Issued Class Series Within Class (if any) 6.SHAREHOLDERS: (Business Corporations and Business Trusts are REQUIRED to complete this section.) List shareholders holding more than 20% of any class of shares issued by the corporation, or having more than a 20% beneficial interest in the corporation. Please Type or Print Clearly. Name: Name: NONE (0 Name: Name: 7.OFFICERS Please Type or Print Clearly. You Must List at Least One. Name: 1-kf r 1ncLrck anerd::i n5 Name: Title: ?re.5.Naer,-L Title: Address: Address: brc \3oL\\11 , PZ GS-7�� Date taking office: ck f ic I oZ Date taking office: Name: Name: Title: Title: Address: Address: Date taking office: Date taking office: 8. DIRECTORS Please Type or Print Clearly. You Must List at Least One. Name: Mr. P.sa3ey4ince Name: MS• MA,r+lr Cook. Address: Address: (moo Va`leti, 1V-e_ 8573 faro vQ\1ci , ytZ 8513-1 Date taking office: `k/Ib Date taking office: q/‘o Jo?... Name: Mr. Rob.- Name: Mr- bob k_xxrp3.0 i9 Address: \ Address: • ats) U nlkoJ6 4 Art- pro �l a\1� . AZ es-73-7 Date taking office: Date taking office: y h 3 l vel Please Enter Corporation Name: hie number Hage 9. FINANCIAL DISCLOSURE (A.R.S.§10-11622.A.9) Nopprofit corporations must attach a financial statement(e.g.income/expense statement,balance sheet including assets,liabilities). All other forms of corporations are exempt from filing a financial disclosure. MEMBERS (A.R.S. § 10-11622.A.6) of Nonprofit Corporations must answer this question. This corporation DOES tJ DOES NOT have members. Y P 10. CERTIFICATE OF DISCLOSURE(A.R.S.§§10-1622.A.8 & 10-11622.A.7) Has ANY person serving either by election or appointment as an officer,director,trustee,incorporator and/or person controlling or holding more than 10%of the issued and outstanding common shares or 10%of any other proprietary, beneficial or membership interest in the corporation been: [Underlined portion pertains to business corporations only] 1. Convicted of a felony involving a transaction in securities, consumer fraud or antitrust in any state or federal jurisdiction within the seven year period immediately preceding the execution of this certificate? 2. Convicted of a felony,the essential elements of which consisted of fraud, misrepresentation,theft by false pretenses or restraint of trade or monopoly in any state or federal jurisdiction within the seven year period immediately preceding execution of this certificate? 3. Or are subject to an injunction,judgment, decree or permanent order of any state or federal court entered within the seven year period immediately preceding execution of this certificate where such injunction,judgment,decree or permanent order involved the violation of: (a)fraud or registration provisions of the securities laws of that jurisdiction, or (b)the consumer fraud laws of that jurisdiction, or (c)the antitrust or restraint of trade laws of that jurisdiction? One box must be marked: 1 I YES rJ NO 4 If"YES",the following information must be submitted as an attachment to this report for each person subject to one or more of the actions stated in Items 1. through 3. above. 1. Full name and prior names used. 5. Date and location of birth. 2. Full birth name. 6. Social Security Number 3. Present home address. 7. The nature and description of each conviction or judicial action; 4. Prior addresses (for immediate the date and location;the court and public agency involved,and preceding 7 year period). the file or cause number of the case. STATEMENT OF BANKRUPTCY, RECEIVERSHIP or CHARTER REVOCATION (A.R.S. §§10-202.D.2, 10-3202.D.2, 10- & 10-11623) A) Has the corporation filed a petition for bankruptcy or appointed a receiver? One box must be marked: YES ❑ NO Of B) Has any person serving as an officer, director, trustee or incorporator of the corporation served in any such capacity OR held or controlled over 20% of the issued and outstanding common shares, or 20% of any other proprietary, beneficial or membership interest in any other corporation which has been placed in bankruptcy,receivership or had its charter revoked,or administratively or judicially dissolved by any state or jurisdiction? [Underlined portion pertains to business corporations only] One box must be marked: YES ❑ NO Of If "YES"to A and/or B, the following information must be submitted as an attachment to this report for each person subject to the statement above. 1. The names and addresses of each corporation and the person or persons involved. (e.g. officer, director, trustee or major stockholder) 2. The state in which each corporation was a) incorporated b)transacted business. 3. The dates of corporate operation. 4. If any involved person (listed in#1) has been involved in any other bankruptcy proceeding within the past year, the name and address of each corporation. 5. Date, Case number and Court where the bankruptcy was filed or receiver appointed. 6. Name and address of court appointed receiver. 12. SIGNATURES:I Annual Reports must be signed and dated by at least one duly authorized officer or they will be rejected. I declare, under penalty of law that all corporate income tax returns required by Title 43 of the Arizona Revised Statutes have been filed with the Arizona Department of Revenue. I further declare under penalty of law that I(we) have examined this report and the certificate, including any attachments, and to the best of my(our) knowledge and belief they are true, correct and complete. Opet 7fPt'' � ��iv Date3 Name Date Signatur -e-?' 1** Signature Title t•P t Title (Signator(s)must be duly authorized corporate officer(s) listed in section 7 of this report.) Annual Ileport instruction sheet - rLtubt tULLUW IllL t VIIIt4TIUNS! rayC This is the instruction sheet for the annual reporting process for all corporations doing business in Arizona. Every corporation must submit an annual report once a year. This annual report must be correctly filled out and submitted by the assigned due date or the corporation may be administratively dissolved or have its authority revoked by the State of Arizona. This is the only notice you will receive. According to A.R.S. §10-1622.F, penalties accrue on business corporation annual reports which are submitted late (after the due date). Corporations must use the annual report form prescribed by the Corporation Commission. No of format is allowed. Please verify the business address and statutory agent and agent address information on page one. Strike out incorrect information. Correct information should be legibly written above or to the side of struck, incorrect information. Complete the remainder of the form -use the corporation's original articles of incorporation,amendment documents and corporate minutes as guides for the stock questions. IMPORTANT:The entirety of this document is public record, including addresses cited.*Use black or blue ink. ❑ Section 1. All corporations must state their name,address,zip code,domicile state,and type(e.g.,nonprofit,business,sole, professional, business trust). Please list a business phone number. ❑ Section 2. All corporations must state the name and address of the current Statutory Agent for the corporation. Correct information about the Statutory Agent is vital to the legitimate authority and status of the corporation. The statutory agent must provide both a physical and mailing address. If statutory agent has a P.O. Box, then they must provide a physical description of their street address/location. New Statutory Agents must consent to their appointment by signing the appropriate line. A corporation must amend their records at the Commission anytime the Statutory Agent is changed or whenever the Agent's designated mailing address changes. Do not sign in the space provided, unless you are appointing a new agent. ❑ Section 3. Foreign (out-of-state/country) corporations must state their known place of business in this state and in the jurisdiction in which they are incorporated. List the primary address in Section 1, and the secondary address in Section 3. ❑ Section 4. All corporations must check the category that best describes the character of their corporation in the applicable business or nonprofit corporation area. ❑ Section 5. All business corporations must indicate the number of shares which they have authorized and issued, the class and series. All business trusts must indicate the number of transferable certificates held by trustees. El Section 6. All business corporations must indicate the list of applicable shareholders. ❑ Section 7. Please list all principal officers. All corporations must have at least one duly authorized officer, with address. ❑ Section 8. Please list all directors. All corporations must have at least one director per A.R.S. §§10-803.A & 10-3803.A. ❑ Section 9. All Nonprofit corporations must file a financial disclosure statement. Nonprofit corporations meet ttlik obligation by attaching one of the following documents: 1) Their most recent copy of Page 2, Form 99 filed with the Arithill Department of Revenue; OR 2) A copy of the corporation's Charitable Organization Financial Statement as filed with the Arizona Secretary of State pursuant to A.R.S. §44-6552; OR 3) A copy of the corporation's Treasurer's Report/Financial Statement prepared for the current fiscal year; OR 4) A copy of the financial statement prepared for the corporation's members; OR 5) A statement that the corporation conducted no business in Arizona in the past year. All other types of corporations are exempt from filing a financial disclosure. All Nonprofit Corporations must also indicate whether or not the corporation has members. ❑ Section 10. All corporations must check either YES or NO in the Certificate of Disclosure. Those who check the"YES"box must supply the attachment required as explained in section 10. El Section 11. All corporations must check either YES or NO in the Statement of Bankruptcy, Receivership or Charter Revocation (both A and B). Those who check the "YES" box must supply the attachment required as explained in section 11. C Section 12. All corporations must read the declarations in this section. If they have complied, and if they have completed the Annual Report, then the applicable officers) listed in section 7 must acknowledge by signing and dating the report. ❑ Sign, Date & Mail the Check and Annual Report. Business corporations must send $45, Nonprofit corporations $10. Credit cards are not accepted. Business/profit corporations are subject to penalties if their report is submitted after its assigned due date. Contact the Annual Report section at 602-542-3285(Phoenix)or 520-628-6560(Tucson) or by FAX at 602-542-0082 for the penalty amount due. KE:- PAYABLE:::O: f. ................. T. . . .:..... .. �>��oNA:����PoAT�Q �[I��I���I � -. • : MAIL OR= ORO VALLEY ENDOWMENT FUND 110 FILE NUMBER 1035877-0 FISCAL YEAR 2003/2004 BALANCE SHEET ASSETS Current Assets: Cash $ 100,000 Trade notes and accounts receivable (less allowance of bad debts) - Inventories - Other current assets - Total Current Assets $ 100,000 Land, buildings and other fixed assets (net of accumulated depreciation) - Other assets - Total Assets $ 100,000 LIABILITIES Current Liabilities: Accounts Payable $ - Mortgages, notes, bonds (payable in less than 1 year) - Other current liabilities - Total Current Liabilities $ - Mortgages, notes, bonds (payable in more than 1 year) Fund Balances: Restricted - U n restricted 100,000 Total Fund Balances 100,000 Total Liabilities and Fund Balances $ 100,000 • STATE OF ARIZONA C0RPO.0 ./y11:1,.W. CORPORATION COMMISSION az,ipl, ',, -i.e. _. A �'�' =j R �- CORPORATION ANNUAL REPORT - -• - -...:f `ted ~- & CERTIFICATE OF DISCLOSURE �b�`., �t��� '") -•� S•T912 9t2 � )UE ON OR BEFORE 04/26/2004 FY03-04 FILING FEE $10.00 Ihe following information is required by A.R.S. §§10-1622 & 10-11622 for all corporations organized pursuant to Arizona Revised statutes, Title 10. The Commission's authority to prescribe this form is A.R.S. §§10-121.A. & 10-3121.A. YOUR REPORT MUST BE SUBMITTED ON THIS ORIGINAL FORM. Make changes or corrections where necessary. Information `or the report should reflect the current status of the corporation. See instructions on page 4 for proper format. 1, -.1035877-0 ORO VALLEY ENDOWMENT FUND 11000 N LA CANADA DR ORO VALLEY, AZ 85737 Business Phone:520.22 , "Mg (Business phone is optional.) State of Domicile: ARIZONA Type of Corporation: NON-PROFIT 2. Statutory Agent: WILLIAM M CONWAY Physical Address, If Different. Mailing Address: 405 W FRANKLIN ST Physical Address: City, State, Zip: TUCSON, AZ 85701 City, State, Zip: Use this box only if appointing a new Statutory Agent . ACC USE ONLY Fee S If appointing a new statutory agent, the new agent MUST consent to that appointment by signing below. Penalty S I, (individual)or We. (corporation or limited liability company)having been designated the new Statutory Agent, Reinstate S do hereby consent to this appointment until my removal or resignation pursuant to law. Expedite S - Signature of new Statutory Agent Resubmit S Printed Name of new Statutory Agent 3. . Secondary Mklre.ss:• " (Foreign Corporations are REQUIRED to complete this section). 4. Check the one category below which best describes the CHARACTER OF BUSINESS of your corporation. BUSINESS CORPORATIONS NON-PROFIT CORPORATIONS _ 1.Accounting —20. Manufacturing 1. ✓Charitable _ 2.Advertising _21. Mining 2. Benevolent 3.Aerospace _22. News Media 3. _ Educational __ 4.Agriculture _23. Pharmaceutical 4. _ Civic _ 5.Architecture _24. Publishing/Printing 5. _ Political _ 6.Banking/Finance 25. Ranching/Livestock 6 __ Religious _ 7.Barbers/Cosmetology _.26. Real Estate , ._ Socia' _ E.Construction _ 21 Restaurant/Bar E Literary _ 9 Gontracto7 — 25 Petal'Saier C _,ultura 411 ,c.C.redit/Collector 25 Science/Research1 C Athletic __ Ecucailor 3C Spongy'Sporting vent: -• • Science'Researcl Enpineering i eCOnoiogviCombul&rt i; I-iospita'••`'iealtr.Care ' Entertainmen' 3' I ecnnoiocvi(7eneral 1: Aoricullurc 'c benerat v COnsultlnc 3: i eievi ion'kaaic• 1L Anima'+-iI:c1-Janory Health Care `Sc I uunsm/C.onventior,Service! 1.!-_ Homeowner! Associatior i Hotel'Mote; " i ranE_Or nation- l( Profession's Cc mrerCia impori'`Xphrr. i_tiiiii e _ Ioousir,i n.iraoe c«c,c,a11c s. -. inurar�c€ \�eterir,ar,Medicine Anin-ia Car, `'tile !- L eoa-Servicer 3t ;Dine- -1035877-0 ORO VALLEY ENDOWMENT FM 5. CAPITALIZATION: (Business Corporations ��,-� Pa and Bu..;nass Trusts are REQUIRED to completePage 2 Business trusts must indicate the number this section.) the trust estate. Please of transferable certificates held bytrustees examine the corporation's original Articles evidencing their beneficial intere�♦ ; Review all corporation amendments tog of Incorporation for the amount of n determine if the original number of sharesshares author minutes for the number of shares issued. has changed. Examine Please Print or Type the corporation's Clearly. Number of Shares/Certificates Authorized Class Series Within Class (if any) Number of Shares/Certificates Issued Class Series Within Class (if any) 6. SHAREHOLDERS: (Business Corporations ati• p ons and Business Trusts are REQUIRED to complete this section.) List shareholders holding more than 20% beneficial interest in theof any class of shares issued b the corporation, or having more than a 20% corporation. Please y Type or Print Clearly, Name: NONE Name: Name: Name: 7. OFFICERS Please Type or Print Clearly.• You Must List at Least One. Name: ;(..401,4 j � ( %do 4 Name: Title: :c si a 4- Title: Address: Address: -a /1 • Date taking office: is) o Z Date taking office: Name: Name: Title: Title: Address: Address: Date taking office: udtc taNing. Ul i ice. 8. DIRECTORS Please Type or Print Clearly. You Must List at Least One. Name: j f / 5-7 '1 at Ve, ? :5-7)7 Date taking office: u Date taking office: 1 t e r' Name: S. .4 �.� - � / • s — Name: • ' Address: •tfc_ 11-t-1 I:12 5 3:--1,.).? i Date no otficF Ic-,7: _.. Date t F t d k i na office: w a , Please Enter Corporation Name: File number Page 3 9. FINANCIAL DISCLOSURE (A.R.S. §10-11622.A.9) Nonprofit corporations must attach a financial statement(e.g.income/expense statement, balance sheet including assets,liabilities). All other for of corporations are exempt from filing a financial disclosure. 9A. EMBERS (A.R.S. § 10-11622.A.6) Only Nonprofit Corporations must answer this question. This corporation DOES El DOES NOT 154 have members. 10. CERTIFICATE OF DISCLOSURE (A.R.S. §§10-1622.A.8 & 10-11622.A.7) Has ANY person serving either by election or appointment as an officer,director,trustee, incorporator and/or person controlling or holding more than 10% of the issued and outstanding common shares or 10%of any other proprietary,beneficial or membership interest in the corporation been: [Underlined portion pertains to business corporations only] 1. Convicted of a felony involving a transaction in securities,consumer fraud or antitrust in any state or federal jurisdiction within the seven year period immediately preceding the execution of this certificate? 2. Convicted of a felony,the essential elements of which consisted of fraud, misrepresentation,theft by false pretenses or restraint of trade or monopoly in any state or federal jurisdiction within the seven year period immediately preceding execution of this certificate? 3. Or are subject to an injunction, judgment, decree or permanent order of any state or federal court entered within the seven year period immediately preceding execution of this certificate where such injunction,judgment,decree or permanent order involved the violation of: (a)fraud or registration provisions of the securities laws of that jurisdiction, or (b) the consumer fraud laws of that jurisdiction, or (c) the antitrust or restraint of trade laws of that jurisdiction? One box must be marked: YES El NO 1 If "YES",the following information must be submitted as an attachment to this report for each person subject to one or more of the actions stated in Items 1. through 3. above. 1. Full name and prior names used. 5. Date and location of birth. 2. Full birth name. 6. Social Security Number 3. Present home address. 7. The nature and description of each conviction or judicial action; 4. Prior addresses (for immediate the date and location;the court and public agency involved,and preceding 7 year period). the file or cause number of the case. 1 . TATEMENT OF BANKRUPTCY, RECEIVERSHIP or CHARTER REVOCATION (A.R.S. §§10-202.D.2, 10-3202.D.2, 10- 1623 & 10-11623) corporation A) Has the filed a petition for bankruptcy or appointed a receiver? One box must be marked: YES CI NO19 B) Has any person serving as an officer, director, trustee or incorporator of the corporation served in any such capacity OR held or controlled over 20%of the issued and outstanding common shares or 20%of an other gro•rieta beneficial or membership interest in an cor•oration which has been placed in bankruptcy, receivership or had its charter revoked, or administratively or judicially dissolved by any state or jurisdiction? [Underlinedportionpertains to business corporations only] One box must be marked: YES El NO 53 If "YES" to A and/or B, the following information must be submitted as an attachment to this report for each person subject to the statement above. 1. The names and addresses of each corporation and the person or persons involved. (e.g. officer, director, trustee or major stockholder) 2. The state in which each corporation was a) incorporated b)transacted business. 3. The dates of corporate operation. 4. If any involved person (listed in #1) has been involved in any other bankruptcy proceeding within the past year, the name and address of each corporation. 5. Date. Case number and Court where the bankruptcy was filed or receiver appointed. 6. Name and address of court appointed receiver. 12. SIGNATURES:[ Annual Reports must be signed and dated by at least one duly authorized officer or they will be rejected. I declare, under penalty of law that all corporate income tax returns required by Title 43 of the Arizona Revised Statutes have been filed with the Arizona Department of Revenue. I further declare under penalty of law that I (we) have examined this report and the c tificate. including any attachments. and to the best of my(our) knowledge and belief they are true. correct and complete. ,-),--,L ,___,, ' � - L •,�l i�r!ici Date_ 121 C' Name_ --- _ — Date '�y /' ,‘, ; '--,',,?1' - . / , / -——1- ,- • ---i- i -3 i.� �.i: L� ,r _ Signature ,. . � '. -r -7' , ' = - Signature. - -- -- --- ---_____ _ __- — -- . - A/ --A i . /' 7. Title _ ..�- -� - - .. % .__ - -- — _ _..._. ---- Title------- -- - --- _ -------------- - -- ----- - (Signator(s) must be duly authorized corporate officer(s) listed in section r of this report.) Annual deport instruction 5neet- IVIG! t-'Lt/bt l-ULLUVV I hLb I IUIVd! �QyC This is the instruction sheet for the annual reporting process for all corporations doing business in Arizona. Every corporation must submit an annual report once a year. This annual report must be correctly filled out and submitted by the assigned due`date or, the corporation may be administratively dissolved or have its authority revoked by the State of Arizona. This is the only notice you will receive. According to A.R.S. §10-1622.F, penalties accrue on business corporation annual reports which are subm. Ad late (after the due date). Corporations must use the annual report form prescribed by the Corporation Commission. No format is allowed. Please verify the business address and statutory agent and agent address information on page one. Strike out incorrect information. Correct information should be legibly written above or to the side of struck, incorrect information. Complete the remainder of the form - use the corporation's original articles of incorporation,amendment documents and corporate minutes as guides for the stock questions. IMPORTANT:The entirety of this document is public record,including addresses cited.*Use black or blue ink. ❑ Section 1. All corporations must state their name,address,zip code,domicile state, and type(e.g., nonprofit,business,sole, professional, business trust). Please list a business phone number. El Section 2. All corporations must state the name and address of the current Statutory Agent for the corporation. Correct information about the Statutory Agent is vital to the legitimate authority and status of the corporation. The statutory agent must provide both a physical and mailing address. If statutory agent has a P.Q. Box, then they must provide a physical description of their street address/location. New Statutory Agents must consent to their appointment by signing the appropriate line. A corporation must amend their records at the Commission anytime the Statutory Agent is changed or whenever the Agent's designated mailing address changes. Do not sign in the space provided, unless you are appointing a new agent. ❑ Section 3. Foreign (out-of-state/country) corporations must state their known place of business in this state and in the jurisdiction in which they are incorporated. List the primary address in Section 1, and the secondary address in Section 3. ❑ Section 4. All corporations must check the category that best describes the character of their corporation in the applicable business or nonprofit corporation area. ❑ Section 5. All business corporations must indicate the number of shares which they have authorized and issued,the class and series. All business trusts must indicate the number of transferable certificates held by trustees. ❑ Section 6. All business corporations must indicate the list of applicable shareholders. ❑ Section 7. Please list all principal officers. All corporations must have at least one duly authorized officer, with address. El Section 8. Please list all directors. All corporations must have at least one director per A.R.S. §§10-803.A & 10-380 ❑ Section 9. All Nonprofit corporations must file a financial disclosure statement. Nonprofit corporations meet obligation by attaching one of the following documents: 1) Their most recent copy of Page 2, Form 99 filed with the Arizona Department of Revenue; OR 2) A copy of the corporation's Charitable Organization Financial Statement as filed with the Arizona Secretary of State pursuant to A.R.S. §44-6552; OR 3) A copy of the corporation's Treasurer's Report/Financial Statement prepared for the current fiscal year; OR 4) A copy of the financial statement prepared for the corporation's members; OR 5) A statement that the corporation conducted no business in Arizona in the past year. All other types of corporations are exempt from filing a financial disclosure. All Nonprofit Corporations must also indicate whether or not the corporation has members. ❑ Section 10. All corporations must check either YES or NO in the Certificate of Disclosure. Those who check the"YES"box must supply the attachment required as explained in section 10. Ei Section 11. All corporations must check either YES or NO in the Statement of Bankruptcy, Receivership or Charter Revocation (both A and B). Those who check the "YES" box must supply the attachment required as explained in section 11. ❑ Section 12. All corporations must read the declarations in this section. If they have complied, and if they have completed the Annual Report, then the applicable officers) listedin section 7 must acknowledge by signing and dating the report. he s� piers`: 11;fie at..past:one-d l : ut :ri ���`ffic=..r ❑ Sign, Date & Mail the Check and Annual Report. Business corporations must send $45, Nonprofit corporations $10. Credit cards are not accepted. Business/profit corporations are subject to penalties if their report is submitted after its assigned due date. Contact the Annual Report section at 602-542-3285 (Phoenix) or 520-628-6560(Tucson)or by FAX at 602-542-0082 for the penalty amount due. MAKE_ -CHECK PAYABLE TO: ARIZONA CORPORATION:COMMISSION MAIL OR DELIVER TO: c/o Annual -Reports-.Corporations Division 1300 West Washington .or 400 West Congress Phoenix, AZ 85007-2929 Tucson, AZ 85701-1347 Seek professional advice from your accountant. attorney. or other knowledgeable source if you need help with any section. 1111 Commission's web site (www.cc.state.a2.us) has more general information about annual reports and reporting requirements. The Annual Reports Section of the Corporations Division cannot give legal or tax advice.but you may call them with your other questions regarding this form at (602) 542-3285. AR:004€ Rei- 2'200& ORO VALLEY ENDOWMENT FUND FILE NUMBER 1035877-0 FISCAL YEAR ENDED JUNE 30, 2003 BALANCE SHEET ASSETS Current Assets: Cash $ - Trade notes and accounts receivable (less allowance of bad debts) - Inventories - Other current assets - Total Current Assets $ - Land, buildings and other fixed assets (net of accumulated depreciation) - • Other assets - Total Assets $ - LIABILITIES Current Liabilities: • • ccou itS ©dyable - Mortgages, notes, bonds (payable in less than 1 year) - Other current liabilities - Total Current Liabilities $ - Mortgages, notes, bonds (payable in more than 1 year) Fund Balances: Restricted - Unrestricted - Total Fund Balances Total Liabilities and Fund Balances p March 29,2001 February 7,2001 CD Establishment of Public Arts Endowment Advisory Committee April 11,2001 Guest Speaker Donna Levy, Endowment Consultant and Fundraiser Q B May 2,2001 m Guest Speaker Bob Heslinga, 6_ Endowment Consultant and Fundraiser 0 January 23, 2002 Council approved the letter of agreement May 22,2001 between London Pacific Advisors and Town Guest Speaker Mr. Matthew D. Lehrer, of Oro Valley on behalf of Public Arts Esquire, Legacies, Inc. Endowment Advisory Committee and approved to amend the Town Budget to provide funding in the amount of$10,000 June 26,2001 from the General Fund Contingency. Guest Speaker Donna Grant, Retired Executive Director,Southern Arizona Community Foundation Q September 10,2002 O Approval of By-Laws of OVEF. Nomination for Appointment to OVEF of September 27,2001 Board of Directors and President. = Guest Speaker Bill McMorran and Brian �p Murphy,Charitable Services and `< Strategies m November 14,2002 CL co Recognition of tax exemption with 509(a)(3) a CD November 6,2002 5' December 10,2002 Dissolution of the Public Arts Endowment 1'I (ft Advisory Committee by the Town Council 0- 3 CD February 24,2004 CD April 13,2004 Committee Receives check from NW Medical Center for$100,000 by the end of April,2004. April 26,2004 Election of Officers September 14,2004 October 19,2004 November 18,2004 Adoption of Statement of Operating Structures and Policies. Adoption of Investment Portfolio. January 26,2005 III PART FOUR THE COMMUNITY FOUNDATION OPTION As one type of traditional charity, the community foundation has the tax advantages of being publicly supported and does not have the disadvantages of being a private foundation. This section explains how the community foundation differs from other public charities and why it is an attractive option in a variety of circumstances.38 Community foundations do not have a separate, legal classification in the tax code. In almost every circumstance, community foundations are classified as Traditional charities under Section 509(a)(1). However, their history goes back to 1914 and thus predates the tax code itself. The Council on Foundations defines a community foundation as a tax exempt, not-for-profit, autonomous, publicly supported philanthropic institution composed primarily of permanent funds endowed by many separate donors for the long-term benefit of the resi- dents of a defined geographic area. Even though community foundations do not have a sepa- rate legal classification, the Treasury regulations defining publicly supported organizations of the Traditional charity variety provide great detail about the rules governing community trusts (community foundations) in trust form. In contemplating the possible formation of a new foundation focusing on local needs, one would be well advised to learn the advantages of utilizing an existing community foundation or creating a new one to service the local com- munity. Community foundations develop, receive and administer endowment funds from private sources and manage them under community control for charitable purposes primarily focused on local needs. Their grants normally are limited to charitable organizations within a specific identified region or local community, and their charitable giving and other charitable activi- ties are overseen by a board of directors representing the diversity of community interests. Originally conceived as a vehicle primarily for those desiring to leave property by will in per- petuity, community foundations have broadened their range over the years to accept more lifetime and short-term gifts. Community foundations have two major purposes: to seek funds from private sources to build a pool of permanent capital for local philanthropic purposes, and to allocate and dis- tribute such funds for public needs. 38 Hoyt, Christopher, Legal Compendium for Community Foundations, Council on Foundations, Washington, DC (1996). This publication provides a thorough description of the legal rules applicable to commu- nity foundations. Port Four • 3 9 Developers of a Capital Pool for Philanthropy A community foundation attracts capital in ways not intended to impede the efforts of local service organizationsoperating support.to raise annual o eratin su ort. It is a supplement to federated funds and other agencies, not a competitor. It seeks its resources from testators, living donors, busi- nessg corporations, other nonprofit organizations, trade associations, clubs and occasionally p p g from units of government. In bringing resources into a pool, the community foundation enhances the utility of each fund g g bydeveloping an endowment of a size that is better equipped to tackle community prob- lems. p g Bypoolingresources, a community foundation can support one joint staff (as opposed to different staffs for each fund) and can take advantage of the obvious economies of scale. Distributors of Funds for Philanthropy Having drawn capital resources together, a community foundation distributes funds as its gov- erning body determines or to charitable agencies and fields of interest designated by donors at the time of making their gifts. Its staff, supported by pooled resources, can become well acquainted with the emerging and changing needs of the local community, and thus provides professional expertise not always available to private donors, corporations, unstaffed private foundations and other grantmakers. The permanence of a community foundation ensures the ongoing presence of such expertise, and the public structure of both its governing body and its procedures ensures that its grantmaking choices are responsive to community needs. Since the formation of the first community foundation in Cleveland in 1914, this type of institution has grown in popularity around the nation. In 2001, there were more than 500 com- munity foundations with assets ranging from a few thousand dollars to over $2 billion. In addi- tion to the main purpose just outlined, each community foundation has certain basic charac- teristics in common, as summarized here. Form Community foundations are created as trusts or nonprofit corporations whose charitable dis- tributions are made by a distribution committee in the trust form, or by a board of directors in the corporate form. In the trust form (the less favored choice today), banks or other invest- ment firms serve as trustees under a common governing instrument that may be executed using similar language by each local institution that agrees to accept funds constituting a part of that community's foundation. In some communities, one bank serves as sole trustee; but in most areas, a number of institutions with trust powers accept funds under the declaration of trust of their community's foundation. In the trust form, banks or other institutions, as trustees, manage the investment function; a distribution committee or board of directors 40 tillU First Steps in Starting a Foundation manages the distribution function. In the nonprofit corporation form, the board of directors usually performs both functions. Geography and Size A community foundation operates primarily to serve a chosen area, but on occasion it may accept funds for distribution outside that area. Generally, each community foundation serves an area of natural cohesion such as a city, greater metropolitan area, county or state. While no specific minimum geographic size is required, the smaller the population, the fewer number of potential donors and corporations likely to be available to provide the basic public sup- port. Governing Body The Treasury regulations governing community foundations in trust form require that all the combined or pooled funds (component parts) be subject to a common governing body or distribution committee which directs or, in the case of a fund designated for specified benefi- ciaries, monitors the distribution of all of the funds exclusively for charitable purposes. The governing body must represent the broad interests of the public rather than the personal or private interests of a limited number of donors. Community foundations occasionally satisfy this public representation requirement by filling positions on the governing body with public officials or members appointed by public officials. More commonly, the governing body is made up of persons with special knowledge in a particular field or discipline in which the community foundation operates, and community leaders such as corporate executives, edu- cators or civic leaders. Range of Service to Donors Community foundations provide a variety of ways to respond to the needs of donors whether the gifts are permanent or short term. Unrestricted funds are most sought after by communi- ty foundations because they provide the governing body with the maximum amount of flexi- bility to respond to the most pressing needs of the community. Designated funds are creat- ed by the donor at the time of transferring the assets, and specifically name the agency or agencies to receive the benefit of the fund. Donor-advised funds are created by the donor, reserving at the time of making the gift, the privilege (from time to time thereafter) to recom- mend agencies to receive grants. However, the ultimate power to make all grant decisions must lie with the governing body and such recommendations can be redirected.39 Field-of- 39 Although donor advised funds are growing rapidly as a preferred charitable option for many donors, they are not defined or regulated clearly under current law. Consequently, the media, Congressional staff, Treasury, IRS and the courts have put them under closer scrutiny. Part Four ■ 41 interest funds are established by a donor by specifying at the time of asset transfer some broadly identified field of charitable concern. Examples would be health, education or cultur- al arts. In any of the various funds noted above, a donor can name the fund, thereby provid- ing an opportunity to give his or her family name a place in the philanthropic history of the community. Community foundations normally charge a fee for these donor services, often based on a percentage of the value of the corpus of the fund. Variance Power Treasury regulations for community foundations in trust form require that the governing body have a variance power. Specifically, the rule states that the governing body has the power (alone or with court approval) "to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations if in the sole judg- ment of the governing body . . . such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community or area served."40 The concept of including a variance power in the design of a community founda- tion has been present since the first one was formed in Cleveland. In fact, providing a vari- ance power was a major reason for starting a community foundation since it provided a rea- • sonable mechanism to avoid having the donor's restriction become obsolete or impossible to fulfill (sometimes called the rule of the dead hand). The size and number of community foundations in the United States is growing steadily. Additional reasons why a donor might choose to establish a fund at a community foundation are provided in Part Five. 40 See Treasury Regulations, Section 1.170A-9(e)(1 1)(v)(B)(1) 42 First Steps in Starting a Foundation ALL SECTION 501(c)(3) ORGANiZATIONS AND GOVERNMENTAL UNITS 1 Traditional Organizations 2 509(a)(1) (also known as 170(b)(1)(A) groups) - Gross Receipts i. Churches v. Governmental Organizations kT ii. Schools units a09 iii. Hospitals vi. Publicly 5 ( )(2) iv. Support supported (all publicly supported) organizations organizations to schools (includes A. 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O �• - - = v,ler V, 0'U,'. N 1 fl CD '� -+, a < m CD O fn ,* = C 0 a.I� 1N 5 ° o CD o 0 -, 0 CT 0 Q o Q cn c 10!— o l* >,a r a- --a O a- = (n 0 ° a o Icr — o 0 cD o cnto O a-Iv i ,cIcD 10 C t0 cD - C I• 0 C ,< O O O 1Q,0 O 1=1,-- I n a- (D — CD (Tl 0 �, N -., O O 1 0) 0 1, C o rnB 0 5"`< co i-, 0 1, a IN O a-I— 0 a' O �.1= O I� v0, a is -I ca . i0- ca C I0:B. a1 a ,0 ...,. „9-10 a•IN 16'I0 N 3 10!�-�-Icn Icp 1 ,O M iii. CD IC;CA's,-,, 'z 0 C (a 1,-,-- ,�, N iv --h In i0 j ��I 10-'fO�A I in IZ! '� 3 ,�•i= o O N I 0 o O =1CD <' 0 1_; ,- CC, ,O• I :CQ _'' 3,0, O CD ;= -�a. I,<i G i a i ;CD a CD 5' P.- N Im 1 to iN ICD: iN 1K' i��+-''=1 'BiC IQ0II 1 . -+,i0 I_:CD B. I 1 Ic. O, 0!CD 10 ICD!co i I m • _ CD C'may, 1(4)1-‘0- 10 I I :a)1 ';Cn II',- I(7 101 1-a I I Z — CD co 1 CD O O 0 n, I 3 O CD CD CD 1I B. 1 i 1-- 1 1 2 TOWN OF ORO VALLEY -• COUNCIL COMMUNICATION MEETING DATE: March 23, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: REVIEW OF ADOPTED TOWN COUNCIL POLICIES SUMMARY: Mayor Loomis has requested that the following adopted Town Council Policies be reviewed: #1 Local Travel Allowance. (Should be repealed due to adoption of Salary for Council Ordinance.) #2 Council/Staff Relationships. #3 Vacant. #4 Usage of Town Hall &Facilities. #5 Advisory Board; Commissions; and Committee Relationships with Town Council and Staff. #6 Unbudgeted Expenditures. #7 Food Policy for Town Meetings. #8 Council Liaison to Boards and Commissions. #9 Council Liaison to Amphitheater School District Governing Board. #10 Town Council, Advisory Boards and Commission Members Site Tours. -#11 Standard Request Form and basic information necessary for a member of the Town Council to request an item on the Town Council Agenda. ATTACHMENTS: 1. Adopted Town Council Policies #1 -#11 ,._,,., c 61 , • 7,suc,' ,..k.zi..,,,,e-L-e* Department Head 1 f ,..„ ._ ' A 'ownMana•-r TOWN COUNCIL POLICY Policy No: 1 Date of Adoption: 8/15/90 Date of Revision: 1/6/99 TITLE: LOCAL TRAVEL ALLOWANCE Page 1 of 1 L Purpose and Need for Policy The purpose of this policy is to provide for across the board reimbursements for all members of the Town Council for travel (excluding meals) within the greater Tucson Metropolitan area in order to create ease of administration. This policy supercedes any and all prior adopted policies. IL Policy It is the policy of the Council to provide for reimbursement for official town business for travel within the greater Tucson Metropolitan area based upon a set stipend amount of$150 per month and in other circumstances upon the submission of a receipt to the Town's Finance Director. The Finance Director has the final authority to determine if any submission will be reimbursed and whether it complies with all Town and State • policies. M. Procedure The Finance Director is directed to pay $150 per month to the Mayor and Councilmembers. Should any member of the Mayor or Council request reimbursement above the $150 stipend it will require the submission of all receipts both for the initial $150 plus the additional expenses. In those unusual circumstances travel costs shall be paid within two weeks upon the submission of all receipts for the official town business expenses. The Finance Director shall be the sole judge of whether any expense constitutes an unusual expense, constitutes official town business and whether reimbursement shall be made. In case of the loss or absence of a receipt, the Finance Director shall investigate and will make the final determination whether any claim for reimbursement shall be honored. IV. Responsibility and Authority The Town Finance Director is responsible for implementing this policy of the Council. Should any violation, deceit or fraud be found to occur on or after the date of the adoption of this policy by resolution, the Finance Director has the authority to request reimbursement from the guilty party and shall submit the matter to the County Attorney for the determination and implementation of any necessary criminal prosecution. V. Option Any member of the Council has the ability to agree to take the $150 stipend or to simply submit detailed receipts and request reimbursement for those amounts. Councilmembers shall let the Town Clerk and the Finance Director know which option they prefer. APPROVED BY A MAJORITY OF THE TOWN COUNCIL Paul H. Loomis, Mayor Date: c) t i.e. L TO' 1 COUNCIL POLICY I DATE Or FT I oM: August 15, 1990 DATE OF REV I S I Oti: [', .,. COUNCIL/STAFF RELATIONSHIPS Page 1 of 2 I, Purpose and Need for Policy T purpose of this policy is to foster successful Council/staff relationships to insure that the Council and staff work as a team in order to accomplish the goals and objectives set by the Council. II. Policy It is the policy o f the Council to establish appropriate for Council/staff relations to guidelines insure that the requests of staff by Councilmembers are: 1. Handled thoroughly and expeditiously. 2 . Handled at the appropriate organizational level . 4Il 3 . Handled with regard to the most efficient use of Town resources. III. Procedure to Accomplish Policy The Council should give instructions to the Town' s staff in a manner that accords with the principles of the council/manager system. For example, assignments • should be directed to the Town Manager and should originate from a consensus directive of the Council, not with individual Councilmembers. Councilmembers should contact staff directly only when the purpose is to communicate information ; e.g. , toreport on information. describe a problem or request Councilmembers should not contact staff with special project requests or utilize large blocks of staff time in order to pursue individual areas of interest. Meetings with staff should be arranged in advance, when practicable, through the Town Manager' s office. The Council should realize that only so much work can be undertaken at one time and should set clear priorities. The Council should show personal and professional respect for staff, and a staff member should, never be p � I f a problem arises,, the reprimanded in public. Council should alert the manager who can then handle the situation quickly and privately. 411 The Council should also respect the staff ' s administrative and technical expertise. Although it may not choose to accept a staff recommendation, there is no need to be harshly critical of the recommendation or to engage in personal attacks on staff in order to justify selecting another course. IV. Responsibility and Authority Councilmembers shall be responsible for selecting the most appropriate method, consistent with this policy, of communicating with staff. The Town Manager shall be responsible for maintaining and monitoring an administrative system that accomplishes the stated purpose of this policy. APPROVED BY THE TOWN COUNCIL: Ilr YO DATE: 12- Y' ?(--) Policy No. (1/15/92) 4 4111 TOWN COUNCIL POLICY Date of Adoption: 5/6/92 Date of Revision: 5/4/94 TITLE: USAGE OF TOWN HALL AND FACILITIES Page 1 of 4 I , Purpose and Need for Policy The purpose of this policy is to set forth procedures to respond, in a consistent manner, to requests for use of Town Hall and its facilities. II . Policy, The Council Chamber, Courtyard and Amphitheater are available for use, subject to payment of hourly fee, scheduling limitations and use does not exceed 2 consecutive months in a 12 month period. Other areas (offices, staff and Council conference areas) are designated as working areas and are not available for use. All office and building space is subject to Council approval and office space . Building assignments et cetera may be reassigned or reallocated at the sole discretion • of the Town Council . III . Procedure to Accomplish this Policy 1. Requests for reservations will be directed to the Town Clerk who will maintain a master calendar of reservations for meetings of the Town Council , boards and commissions, other committees/municipal functions and the public. 2 . First priority for use of Town facilities shall be for Town meetings, staff uses and other Town sponsored functions and activities . 3 . Second priority for use of Town facilities shall be for meetings, functions and other activities sponsored by Town residents . 4 . All reservations will be on a first come first served basis based upon the priority system detailed in items #1 and #2 of this Policy. Reservations cannot be scheduled for more than six (6) months in advance. 5 . Use of Town facilities shall not exceed a total of 2 consecutive months in a twelve month period. 411 6 . Smoking is not permitted in municipal buildings. 7 . No alcohol— beverages of any kind sha_i be allowed on municipal property unless approved by the Town Council in P accordance with State Liquor Laws . 41/1 8 . The Town of Oro Valley reserves the right to cancel any reservation previously scheduled by any organization. 9 . All non-Town sponsored use of municipal facilities shall be by permit to be issued by the Town Clerk. 10 . TheP ermittee shall accept the premises as is and shall restore the premises used to the same condition at the end of use. The permittee shall make no changes or alterations to the premises without prior written approval of the Town Clerk. The permittee shall be responsible for removing all litter and trash from the permitted area to suitable trash containers or off the premises . 11 . The permit includes the right of the permittee to use electricity from one (1) electrical outlet (110 volts) in the area specified for the permit. The use of additional electrical outlets may be approved by the Town Clerk on a case by case basis at the request of the permittee. 12 . The permittee shall be responsible to the Town for any and all damage to any Town property in the area for which the permit is issued including, but not limited to, sprinklers, grounds, plantings, walkways or buildings, whether or not the damage was caused by the permittee, or by patrons, guests or invitees. 13 . The permittee shall allow appropriate Town, county or state representatives to conduct any inspections which may be required or deemed necessary in this regard or to insure the public health, safety or general welfare. 14 . The service of food, operation of concessions or the use of a caterer in conjunction with any permitted use is subject to the prior written approval of the Town Clerk. The permittee is responsible to insure that any area which is used for these activities is cleaned up and restored to the condition it was in at the time the permittee took possession. 15 . The permittee shall be responsible for insuring that any and all persons furnishing food in connection with an event for which a permit is issued has complied with all state, county and local laws and regulations with respect to such activity. 16 . As a condition of issuing a permit, the applicant shall furnish evidence of comprehensive general liability insurance in the minimum amount of One million dollars 410 ($1, 000, 000 . 00) . The Town shall be named as an 2 additional insured on the policy. ti certificate of insurance, evidencing compliance with the requirements of this section, must be filed with the Town Clerk prior to 41° the event for which the permit is issued. 17. A permit fee of $10 . 00 per hour shall be paid at the time the permit is issued. 18 . Property owned and used by the permittee shall be removed from the municipal facility immediately after use. The Town is not responsible for property brought into the municipal facility, during or after use. 19. The authorized representative executing the permit application in consideration of receiving permission to use municipal facilities for himself/herself and the organization represented by its members, releases the Town of Oro Valley, its Town Council, employees and agents from all claims and liability arising from or during the use of municipal facilities, and agrees to indemnify and hold harmless said released parties from all claims of any nature. 20. Permittee as a condition of use must agree to comply with the policies set forth herein and all other Town of Oro Valley codes and regulations . 21. The Chief of Police may require the hiring of off-duty • officers based upon his evaluation of the event or program to be held and the anticipated occupant load. When off-duty officers are required the person(s) or organization sponsoring the event shall be responsible for such expense. 22 . Exits shall be unlocked and properly maintained during all permitted events . 23 . Any decorative material used must be approved fire retardant material . 24 . Parking shall not be allowed which would obstruct exits or ingress or emergency vehicles and personnel . 25 . Tables and chairs must be arranged in order to provide safe exiting. 26 . Other safety requirements may be required due to the nature of the event . 27 . An approved sign permit must be obtained for all temporary signs before installation of such signs. 28 . A facility use permit shall not authorize the use of the name of "The Town of Oro Valley" in program publicity or 411 automatically imply co-sponsorship. Nor shall any 3 literature .istributed relating to pel...itted use imply Town sponsorship unless the event is approved by the Town Council and specifically sponsored by the Town of Oro Valley. 29 . Each permittee will be required to perform all clean-up and return the facility used to its original condition after use. If this requirement is not met The Town will perform orm the required work and bill the permittee for all costs incurred. 30 . Upon approval of the permit the Town Clerk will issue keys to the buildings and restrooms as required. Permittee agrees not to duplicate these keys and to return them to the Town Clerk the day following facility use. 31 . Violation of any of the rules and regulations so stated may result in the loss of future privileges to use municipal facilities . 32 . Definitions: a. Residents are defined as individuals who live within the corporate boundaries of the Town of Oro Valley. IV. Responsibility and Authority The Town Clerk is responsible for implementing the policy of the Council . APPROVED BY THE TOWN COUNCIL: Lt 'OR Date: /770 4 9*****i**********lr******ir*****!!*it#*#**l*l**l****#**fir*l*************ir**l**lf YJ►CILITIBB USE p88 SCHEDULE FACILITY rill Council Chambers $ 10.00 per hour $100.00 per day Council Chambers w/P.A. System $ 12 .00 per hour $125.00 per day r Courtyard $ 10.00 per hour $100.00 per day Amphitheater $ 10.00 per hour $100.00 per day Signature below acknowledges that the authorized representative has read and agrees to abide by all rules and regulations outlined in Town Council Policy ,NO. 3, which is attached hereto. Authorized Representative: Date: Approved: Date: Town Clerk 001 ************************************************* TOWN OF ORO VALLEY APPLICATION FOR PERMIT TO USE MUNICIPAL FACILITIES *************************************************** Municipal Facility Requested: Date of Application: Dates Requested: Number of Hours: Estimated Number of Participants: Name of Organization: IIP Person Responsible: e: work Telephon ( ) (home) Insurance Policy No. : Insurance Agency: ALL FEES: Please make all checks payable to: Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, Arizona 85737 NOTE: Documentation and insurance certification required pursuant to Town 3 Usa a of Town Hall Facilities, should be attached Council Policy Number � 9 Required submitted at the time of this application. fees must be paid in full prior to the issuance of any use permit. Organization Name: RELEASE FORK FOR USE OF FACILITIES agrees to release and (Organization Name) hold harmless the Town of Oro Valley, its officers, employees and agents, from any and all losses, liability, claims, actions, suits or damages including, but not limited to, personal injury damages or property damages dams es which arise, result, or otherwise might be attributable to any use of the facilities provided to me by the Town of Oro Valley. The undersigned certifies that he/she is the agent of and is duly authorized zed to sign this Release on their/its behalf. The 411 undersigned ned has read this Release fully, understands its contents and has voluntarily executed it. DATED this day of , 19 - (Signature) (Office Title) SUBSCRIBED AND SWORN to before me by this day of , 19 • Notary Public My Commission Expires: /0/ XE X O R A M D U X TO: Mayor and Town Council FROM: GaryKidd, D. Town Attorney 6i2fi DATE: February 13 , 1991 SUBJECT: Use of Public Buildings By Private Groups ****************************************************************** I. J'RIVATE U8I OF PUBLIC BUILDINGS A. General Rules The general rule is that private use of city buildings is improper where the use is detrimental to the primary public use of the property. See generally Dow v, City of Sandpoint, 110 Idaho 488, 716 P.2d 1260, J. C. Nichols 8 _Co. v. City__cf Eansas City, 639 SW.2d 886 (Mo.App. ) . The general law on public forums can be summarized as follows: Although members of the public do not have an absolute and unfettered right to enter and make use of a city owned facility, once the city has extended an invitation to the public to use city owned property upon paying the price of admission, it cannot condition the exercise of this privilege upon compliance with an unconstitutional requirement. Furthermore, a structure used as a public forum is subject to the strictures of the First Amendment which prohibits municipal denial of its use to a private group based upon perceived but unproven obscenity associated with the activity to be conducted therein. A municipality cannot exclude "hard rock" concerts from its municipal amphitheater for the reasons that "hard rock" concerts are a public nuisance, that performers have unorthodox political views, that homosexual crowds would attend the concerts and that antinuclear demonstrators might attend the concerts. Also see Cinevislon v. City of Burbank, 745 F. 2d 560 (CA 9th Circuit) , McQuillin, Municipal111 , Corporations, § 28 .42 . Furthermore, it may be deemed unconstitutional to reject concerts based on musical content and other reasons impinging on First Amendment rights (see Cinevisio8 supra) . B. Restrictions on Use of Public Facilities with the general rules in mind, the issue becomes how restrictive can the city or town be in allowing groups to use Town facilities without creating a constitutional problem. Myreview of the case law is that the Council may consider the following in establishing valid use regulations: 1. Temporarily permitted private uses can be totally p Y restricted byprior public use activities. In 1 other words, municipal uses can clearly be made the absolute first priority for use. 2. The Town may restrict use by various private groups as long as the basis for the regulations does not group, does not unduly to the nature of the gr p, impinge upon the right of free speech and does not discriminate among various groups. Reasonable safetyregulations have been upheld in other jurisdictions, as have charging� in reasonable use fees, and requirements that the organization provide evidence of financial responsibility. Southeastern Promotions. Ltd. v. Charlotte. North Carolina, 333 F.Supp. 345. Councilman Renneckar will be particularly interested in the fact that there is a case ruling that while municipalities can charge reasonable fees for use of public beaches, they could not discriminate in Au respects between residents and non-residents (See Borough of Neptune City v. Borov4 h of Avon-By-The-$eA, 61 N.J. 296, 294 A.2d 47. Although this is a New Jersey case, any preferential use by residents over non-residents should be carefully set out in order to avoid discrimination claims, particularly if a case can be made that ethnicity, or free speech rights are affected by the distinction. 3 . In addition, the Town can regulate the time and manner of use and can restrict use of the facilities during certain hours (See generally People V. Trantham, 161 Cal .App. 3rd Supp 1, 208 Cal.Rptr. 535. Other cases set out the problems which can occur in 4 . and regulations related to publicproperties provide useful guidance. For example, in California a statute requiring that applicants for qu g the use of school property file a statement that their organization did not advocate the overthrow 2 of the federal government by force was held by the California courts to be based upon political beliefs and not at the intended use of the school property and therefore was unconstitutional (See 1kxterican Civil Liberties Union of Southern California vs Board of Education of City of Los hngeles, 55 Cal . 2d 906, 10 Cal .Rptr 647 , 359 P.2d 45 and ?erican Civil Liberties Union of Southern California v Board of Education of San Diego Unified School Dist. , 59 Cal.2d 224 , 28 Cal.Rptr 712, 379 P.2d 16. ) The need to ensure that regulations are narrowly drawn and do not in any way restrict the expression of particular viewpoints by particular organizations by a need for official town approval is supported by other case law (See West Tennessee ACLU v. Memphis. Tennessee, 323 F.Supp 234) . In addition, public officials managing a facility may not pick and choose the philosophical and ideological content of programs using public facilities (See Southeastern Promotions. Ltd. vt West Palm Beach, 457 F. 2d 1016, Southeastern Promotions. Ltd. v. Mobile, 457 F.2d 340 and Southeastern Promotions. Ltd. v, Oklahoma City, 459 F. 2d 282 relating to the use of public auditoriums in cities which allowed some theatrical productions in the auditorium and then arbitrarily denied the right to other productions. This has implications for art committees, entertainment committees, etc. , which "screen" or approve special events. 5. Public Versus Private Forum Case law makes a distinction between what are known as "traditional public forums" which are areas such as parks and streets which have traditionally been regarded as "open public forums" and are subject to what is known as a "strict scrutiny analysis" . In other words, the state must demonstrate that any regulations regarding public forum areas serve a compelling state interest. A compelling state interest is very, very hard to demonstrate unless it can be shown that there is a legitimate public health, safety or welfare concern that requires the regulation. Other areas have been interpreted by the courts as "designated open public forums" . These are areas where public properties are intentionally opened by various state entities or municipal governments for 3 011P use by the public. This is the probable category for the Town Hall buildings (as currently proposed to allow access to public groups) . Once the Town has allowed the facility to be opened, all content- based regulations are subject to strict scrutiny (which in practical terms means that any content- based regulation will in all likelihood b e struck down) . Anything which can arguably impinge upon rights of certain groups to speak or which can be interpreted as favoring one particular group or viewpoint over others will be struck down (ruled unconstitutional) . Other areas are recognized by the courts as "nonpublic forums" . These are areas where the publicly owned facilities were not generally P p to the public.. Speakers are dedicated or open allowed only for presentations which are directly related to the organization's purposes. For example, speakers by the League of Arizona Cities & Towns on municipal government could be allowed to make presentations to the governing bodies while other groups could be restricted, as long as the regulations were narrowly drawn. As you can see from the above examples, however, the issue of whether or not an area has been opened to the public or not is a very fine line and very fact dependent. Nonpublic forums are subject only to what is called a "reasonable nexus" standard. What this means, in practical terms, is that the municipality would only need to show a reasonable as opposed to a compelling basis for its regulations. By way of a final example, the Third Circuit United States Court of Appeals in Gregoire v. Centennial School District held that a school district had to permit access to religious organizations, see 907 F.2d 1366 (3rd Circuit, 1990) . The school district ) in that particular case had regulations which allowed Centennial residents, cultural and civic organizations zations having a majority of Centennial 9 use the facility idents as members to as well as other community based organizations. Other non- profit on-Profit organizations were, however, denied access to the auditorium including religious organizations. The school district argued that it had essentially maintained a closed nonpublic forum 11/ with its facilities restricted to groups whose purpose was consistent with the educational purposes of the school . The Court held that the breadth of access which was granted by the school 4 district and the availability of the facilities to civic organizations which had taken stands on politically divisive issues in the past had in fact created a public forum. I I. CONCLUSION After reviewing the cases, my opinion is that the Town may restrict frequency of use, may impose reasonable insurance restrictions, reasonable fee restrictions and may restrict the public facilities available to use to certain areas of the Town buildings. However, once the facilities are open and designated for use, the Town needs to be extremely careful in regulating the facilities. While there is an arguable, rational basis for allowing priority use of the Town Hall facilities primarily to resident organizations (since there are few, if any, facilities available in the Town to residents at this time) , access by other groups should be allowed under similar terms as much as possible. Different treatment of non-resident groups will present a problem particularly in cases where the non-resident groups are espousing controversial issues. One idea which the Council may wish to consider is a frequency of use restriction which would allow access by a number of organizations. Such a regulation, 411P designed to allow broader access to the public facilities would be very consistent with the cases and would help to minimize scheduling conflicts and discrimination claims. GDK:bb cc: Jon L. Devner, Town Manager 1// 5 MEMORANDUM TO: Mayor and Town Council FROM: Jon L. Devner, Town Manager DATE: January 9, 1991 SUBJECT: Proposed for Usage of New Town Hall and Facilities of requests anticipation from groups and organizations to use nearing new facility which is rapidly n g completion (I have already received one request from a church) , I have drafted a While I know that ed policyfor the purpose of discussion. propos atic I believe that some type of it i s rather long and bureaucratic, guidelines for use will be needed. I tried to take into • and address all of the potential problem areas I consideration could think of. In preparing the draft I used as research material ns which have been adopted in Scottsdale, Glendale, Tempe, regulations Cottonwood and Garland, Texas. Gary I had review my initial draft improve he has made some additions/corrections to it. 411P Regulations of this type are really a policy issue and there are a number of questions which must be dealt with. The first one is whether or not the Council wishes groups and organizations to be use the facility.. Assuming that you do, there are a number able to y of requirements which should be made in order to protect the Town anyproblems encountered will be minimal . and try to insure that 1, There should be a priority for use established and a determination made of which facilities may be used. I believe staff uses and Town sponsored events should come first, followed byresident activities and then by other types of e activities. I also believe such use shouldnot include our office areas and have suggested that use be l •�mited to Council Chambers, Courtyard,Court and and Amphitheater. If the Magistrate is agreeable, use might also be extended to the Courtroom; however, I would recommend that the same rules for all other PP usage be applied to the Courtroom as well. 2 . The question on of a fee structure needs to be addressed. The first determination to be made is whether or not you wish to have a fee structure. If you do I believe it should be a one. At the present time we have no experience reasonable � will run. For lack factor so we don't know what the utilities better wayto do it, my suggested fees were, patterned of a wood (5,009 o ulatlon for a afterthose charged by Cotton population) community facility which the public uses there. Scottsdale's regulations tions are voluminous and their fees are spread all over the board. left it upto the Council 's discretion with I respect to waiving fees. One problem area I can foresee is 4111 with the school district. To the best of my knowledge the district has not charged us for the use of school facilities and the Council might wish to reciprocate. 3 . Some evidence of insurance should be required. Both Scottsdale and Cottonwood required $500, 000. 00 so I have suggested that. Gary believes that amount to be adequate in most circumstances. Many organizations cannot obtain one million dollar policies. 4 . A check-in and -out system (opening doors, inspection, etc. ) should be established. At the present time we do not employ anyone who could perform that function. One way to address this problem might be to employ one, or several retired individuals on a part-time basis. Another might be to employ a full-time custodian/maintenance individual. We currently have our building cleaned twice a week on a contract basis. This has not proven to be very satisfactory. I have drafted a request for proposals for custodial services for our new facility. I have asked Kathi Cuvelier to advertise, receive proposals, and make a comparison with what we could reasonably expect to employ someone for. At that point I should be able to make a recommendation to you. 411 5. We should require a form to be filled out and signed so the Town will have a clear record of who the responsible person or organization is in case problems or violations of the Town's regulations occur. I have developed a proposed form to be used for that purpose. 6. Gary recommends that a hold harmless agreement be signed to protect the Town and he has developed a proposed form to be used for that purpose. The proposed use regulations could be adopted by the Council by using an ordinance, resolution or policy statement. I have suggested a policy statement similar to two others already adopted by the Council because I believe this format offers more flexibility in terms of change and I feel certain we will want to revise these regulations from time-to-time. The last thing I would suggest is that this matter be placed on one of your study sessions in order for you to provide me with feedback and directions prior to becoming an action item on one of your fut re agendas. . I . Jo . Devner 111 Tow Manager cc: Royal Bouschor, Magistrate Kathi Cuvelier, Town Clerk Gary Kidd, Town Attorney Policy No. 5 diP TOWN COUNCIL POLICY Date of Adoption September 6, 1995 Date of Revision COMMISSIONS; AND COMMITTEE RELATIONSHIPS TITLE: ADVISORY BOARD; WITH TOWN COUNCIL AND STAFF Page 1 of 1 Purpose and Need for Policy his policy olic y is to foster successful Advisory Board & Committee relationships with The purpose of t such Boards to fulfill their goals and objectives in accordance with Town Council staff to enable policy is needed topromote effective communication between Advisory Boards directives. This and staff and to enable such Boards & Committees to utilize staff expertise efficiently. II. Policy It is the policy of the Council to establish appropriate guidelines for Advisory Board & Committee/staff relations to insure that the requests of staff by Advisory Boards & Committees 410 are: 1. Handled thoroughly and expeditiously. 2. Handled at the appropriate organizational level. 3. Handled with regard to the most efficient use of Town resources. III. Procedure to Accomplish Policy Advisory Boards & Committees should contact Town staff, via staff liaisons, as designated by the Town Council or Town Manager. Advisory Boards & Committees should contact such purpose liaisons whenose the ur is to communicate information, e.g., to report on conditions, describe a problem or request information. Assignments requiring staff time should be directed to the Town Manager and should from a concensus directive of the Advisory Board or To n originate Committee. Members of Boards & Committees should not contact staff with special project , requests or utilize large blocks of staff time. Meetingi s nvoly in,� staff should be scheduled in advance through the Town Manager's office. The Advisory Boards & Committees should show personal and professional respect for staff and ' staffs administrative and technical expertise. Although such Boards or Committees recognize may disagree with a staff recommendation there is no need to be harshly critical or to engage in personal attacks on staff. IV. Responsibility and Auti.ority Advisory Boards & Committee Chairs shall be responsible for communicating this policy to its members. The Town Manager shall be responsible for maintaining and monitoring an administrative system that accomplishes the stated purpose of this policy. APPROVED BY THE TOWN COUNCIL: DATE: ' Policy No. 6 410TOWN COUNCIL POLICY Date of Adoption Marr-h 5, 1997 Date of Revision TITLE: UN-BUDGETED EXPENDITURES Page 1 of 1 I. Purpose and Need for Policy The purpose of this policy is to ensure that expenditures not previously budgeted for will receive a majority vote of approval from the Council, prior to issuance of payment. II. Polic The Town Council shall be responsible for approving any and all requests for expenditures, not in the Town's budget. The Town Manager shall be the responsible party in bringing forth such requests. 0 III. Procedure to Accomplish Policy All requests for expenditures, not budgeted for in the Town's budget, shall be forwarded to the Town Manager. Upon review, the Town Manager will forward said request(s) to the Town Council for approval. It shall be the decision, by way of a majority vote of the Council, to either approve or disapprove said requests for expenditure. IV. Responsibility and Authority The Town Manager is responsible for implementing this Policy of the Council. APPROVED BY THE TOWN COUNCIL: ayor DATE: 5-97 • Policy Na 7 TOWN COUNCIL POLICY Date Of Adoption: AUGUST 19, 1998 Date of Revision TITLE: FOOD POLICY FOR TOWN MEETINGS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to determine when Town Officials are authorized to order food at town expense for town meetings that qualify for posting in accordance with the Open Meeting Law. ��. Policy It is the policy of the Town Council of Oro Valley that food for town officials at public meetings will only be authorized for official town meetings that are held at Town Hall by the Town Council or members of advisory boards/commissions/committees/task forces of the Town • Council as follows: Meetings between 7:00 am and 9:00 am Meetings between 11:00 am and 1:00 pm Meetings between 5:00 pm and 7:00 pm The amount per person for each meal authorized above shall follow the per diem limits established by the Arizona State Government. Exception to the above policy shall be those meetings that continue throughout the business day as determined by those responsible for accomplishing this policy as outlined in section IV below. III. Procedure to Accomplish Policy The procedure to accomplish this policy will involve the public official responsible for accomplishing this policy to work with the appropriate support staff member to determine which meetings meet the criteria of this policy. • • Town Council Policy No. 7 Page 2 IV. Responsibility to Accomplish Policy For Town Council meetings, it is the responsibility of the Agenda Committee to accomplish this policy. For Town Advisory Board/Commissions/Committees/Task Forces, it is the responsibility of the Chair person for that particular group to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor • DATE: D 7-12 RESOLUTION NO. (R) 99- 11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,ADOPTING A POLICY WITH REGARDS TO IN-STATE TRAVEL RELATED BUSINESS MEETINGS, TRAINING OR CONFERENCES. WHEREAS,the Town of Oro Valley desires to set policies and procedures for the travel and training Councilmembers, Staff and Volunteers undertake in furtherance of Town related matters at business meetings, conferences, seminars and conventions; and WHEREAS, attendance by Town representatives at such events will be of direct benefit to the Town and makes services rendered to the Town more effective; and • WHEREAS, it is necessary to protect the Town and the public's finances and also to provide reasonable guidelines for all public officials, staff and members of Boards and Commissions for attendance at such travel and training opportunities; NOW, 'THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA THAT THE FOLLOWING IN-STATE TRAVEL POLICY IS HEREBY ADOPTED: 1 Definitions Whenever the term "public official" is used in this document, it refers to all members of the town council, all members of staff, all commission, committee, board, task force, subcommittee, volunteers and others g re resentin the town of Oro Valley away from the town limits. representing 2. Registration Fees A. Charges for registration at conferences, training sessions, conventions or business meetings shall be paid by the Town based on a paid receipt or copy of the advance registration form which indicates the fee. B. Registration fee expenses are authorized only to the extent necessary to transact official business. Fees offered in connection with the registration process such as golf, tennis, and other entertainment and recreational • opportunities shall not be paid by the Town. If these are - -- - - . ----- .- automatically included in the registration fees then the Town shall be reimbursed within two weeks of return. If the Town is not reimbursed the amount necessary for repayment only shall be withheld and deducted from any future expenses or future paycheck by the Town Finance Director. The Town Finance Director has the final authority to determine if an expense is a authorized or must be reimbursed. If the Finance Director determines that town funds are being misused and/or the matter is not reimbursed within a reasonable period then after investigation the matter shall refer the matter to the County Attorney for a determination of any issuance of citations for criminal prosecution. 3. TRANSPORTATION COSTS A. Public Officials as outlined in Section 9 (Responsibility) of this Resolution shall decide whether or not it is in the Town's best interests for the public official to travel by commercial airliner or automobile or other form of transportation based upon such factors as destination, personal schedules, the number of persons in the traveling group and travel distance. B. Public Officials requiring air travel shall fly coach whenever the flight includes both coach and first-class seats. If any public official wishes to travel first class they must reimburse the Town for the difference between first-class and coach within two weeks of return from the trip, otherwise the Finance Director is authorized to take the steps as outlined elsewhere in this document for recovery of these funds. The Town shall reimburse both short and long term parking expenses. C. If a public official travels using his or her own personal vehicle, or a vehicle not registered to the Town, he or she must obtain prior approval for such use. Such approval may be either written or verbal from the persons supervisor. In the case of a councilmember, the approval must be made by the Town Manager. The Town Manager may adopt a policy to determine when Town vehicles must be used. Mileage will be reimbursed based upon the mileage allowance per prevailing IRS regulations. D. Use of a pool or Town vehicle in lieu of personal vehicles is encouraged and preferred. However, use of personal vehicles is acceptable dependent upon reasonable circumstances of any given • - ----- travel situation and any liability considerations-to the-Town.- 4. LODGING A. Preference for all lodging shall be at the location the seminar, conference, training, etc. is be held at the conference, etc. rate, regardless of the cost. If this location is full or unavailable, only then will the Town pay the actual cost of hotel rooms including any applicable taxes up to a maximum of$150.00 before taxes per night per room anywhere in Arizona. Prudence regarding costs should be exercised in the public officials' choice of lodging facilities and upgrades at all times and may be reviewed by the Finance Director. If any selection is deemed excessive after investigation and explanation offered to the Finance Director,the public official shall reimburse the difference between the finance directors recommended expense for the lodging and the actual amount paid within two weeks of notice that such expense is excessive. After two weeks the Finance Director may withhold and deduct the difference from any future requests or from any paycheck if necessary. If the Finance Director determines a deliberate violation has occurred (Town Funds are being misused) and no reimbursement is made within a reasonable period of time after notice, the matter shall be referred to the County Attorney's office for determination of the issuance of criminal citations for prosecution. Any expenses above the $150.00 per night (prior to taxes) if the conference location is unavailable must be approved by the Finance Director or their designee prior to such room being obtained. 5. MEALS A. Public officials shall comply with the following per diem rates. $30 per day for meals. $15 per day for anything less than a full day. No receipts are necessary up to this per diem amount. The amount includes all gratuities. This shall apply anywhere in the State of Arizona outside of the Town limits. Out of state expenses shall be covered under another policy. For purposes of this section a full day shall apply when the public official is outside the corporate boundaries of Oro Valley for any single event or conference lasting more than four hours. This four hour limit shall include travel time to and from the event. Any alcohol and personal item purchases shall not be reimbursable under any conditions. B. The Public Official shall submit all meal receipts in order to be reimbursed for any amounts over the $30.00 or $15.00 limit on the _ _ _ Town credit card. If a receipt is not available a written, notarized- - ---- statement detailing the expense(s) must be submitted to the Finance Director. The Finance Director has the final determination on whether or not to reimburse for meal expenses either with or without receipts. C. Tips and other gratuities shall be consistent with the costs of the meals and in no event shall exceed 20% of the total cost. D. A rotation of checks may be used. However, any public official is still limited to the $30 per day limit. Anything excess amount over the $30 limit must be reimbursed by the public official to the Town within two weeks of his return along with all receipts. The Finance Director is authorized to withhold any future regular payments, including salary or reimbursement of monies to make up the difference. If after a reasonable time the monies are not reimbursed, the Finance Director after investigation shall notify the Pima County Attorney's office for a determination of issuance of criminal citations. 6. LONG DISTANCE TELEPHONE CALLS A. Telephone calls for official Town Business shall be reimbursed by 411 the Town. B. When a public official takes any trip outside the Town boundaries that lasts more than four hours, including overnight trips, the public official shall be allowed two personal phone calls per day. The duration of the call should not exceed seven minutes maximum. The cost of all other personal calls must be paid by the public official. 7. USE OF TOWN CREDIT CARDS A. Public officials may use Town issued credit cards for purposes of making advance registration for conferences, lodging accommodations and meal expenses while traveling. Any non- allowed per diem or other expense charged to a town credit card must be reimbursed within two weeks (fourteen days total) of completion of travel. The Town credit card may not be used for the purchase of alcohol, golf and other recreational uses, purchases of personal items or entertainment expenses while traveling on town business or at any other time. Should an entertainment expense be automatically included in a registration fee, this amount must be reimbursed to the Town. The Finance Director has the final word in determining whether an expense is authorized or not. The 411, . _ --Finance Director may demand reimbursement or withhold and -- ----- deduct the amount from other requests or paychecks. If after a reasonable period of time no reimbursement is made the Finance Director shall cause an investigation to occur and shall, if necessary, refer the matter to the County Attorney's office for criminal prosecution. 8. TRIP REPORT A. It shall be the responsibility of each public official travelling on town business to submit a one page trip report either to their immediate Town supervisor or the Town Manager within two weeks (fourteen days)upon return from any trip that requires overnight lodging. This shall be the only circumstance in which this report shall be necessary. This trip report shall include the purpose of the trip, who the public official met with, and information that was obtained that is of value to the rest of the Town. 9. RESPONSIBILITY A. For travel involving public officials of the Town Council, Advisory Boards/Commissions, Committees, subcommittee's, etc. and Department Heads, it shall be the responsibility of the Town 110 Manager to implement and administrate these policies as set forth in this resolution. B. For travel involving Town Staff other than Department Heads it shall be the responsibility of the Department Head to implement and administrate these policy guidelines as set forth in this resolution. C. The Finance Department shall.monitor travel costs incurred under any of the provisions of this resolution and shall provide at least quarterly reports to Department Heads that reflect travel balances compared to adopted budget amounts. If a quarterly report is not forthcoming, the Town Manager is authorized to withhold the Finance Directors paychecks until such time as the reports are completed. 10. EXCEPTIONS A. Any exception to any part of this policy may only be granted upon a written concurrence of the Town Manager, the Town Finance Director, and the Town Attorney (The Exception committee). A written request for exception prior to a trip must be submitted at least one week prior to the actual trip. A written request for such an exception during a-trip must--be-presented within two weeks-- ---- — ---.- --- - (fourteen days) of return to the office of the Finance Director. The Exception committee has one month in which to respond to the request. Any decision by the committee to either grant or deny such a request is final and cannot be appealed. PASSED AND ADOPTED this `.fit. day of J�zsr�� , 199 by a majority of the Mayor and Town Council of the Town oFOro Valley. Mayor ATTEST: APPROVED AS TO FORM: To 'Clerk Town Attorney Policy No. 8 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: COUNCIL LIAISON TO BOARDS AND COMMISSIONS Page 1 of 2 Purpose and Need for Policy The purpose of this policy is to define the position of Council Liaison to Boards and Commissions. The position of Council Liaison was created in order to allow council members the opportunity to bring Council adopted policies to a particular board or commission, and keep the Town Council informed as to the actions of that advisory group. II. Policy It is the policy of the Town Council to establish or improve the lines of communication between Boards and Committees and the Town Council. • Therefore, it shall be the policy of the Town Council to assign amongst themselves liaisons to the various Council appointed Boards and Committees. The Liaison will attend the meetings of the Board or Committee for which he has been assigned and represent the Council as a whole. The Liaison will then inform the Mayor and Town Council members of discussions or events which occurred at said meetings. Communication may be in the form of Council Reports (at regular meetings), written memorandum or e-mail. It is the intent of this Policy that when so requested, the Council Liaison provide Board and Committee members with the goals and objectives of the Council as a whole. It should also be noted that when requested, the Liaison provide the Council with the opinions and objectives of the Board or Committee members. It should be clear that the Council Liaison shall not be a voting member of the Board or Committee for which he is assigned and shall not to use this position to either direct or influence members of the respective Board or Committee at any time. Procedure to Accomplish Policy The Council Liaison will attend all meetings of the Advisory Boards or Committees to which he has been appointed. Following the meeting, the Liaison shall prepare a summarization of the events which occurred and inform the Mayor and Town Council of same. If the Council Liaison is . unavailable to attend said meeting, he shall make contact with the Chair or Staff Support for that Board or Commission to obtain the necessary information. IV. Responsibility to Accomplish Policy It is the responsibility of the appointed Council Liaison to a Board or Committee to accomplish this policy. APPROVED BY THE TOWN COUNCIL: Mayor DATE: Al� - 00 • Policy No. 9 TOWN COUNCIL POLICY Date Adoption 10/16/02 Date of Revision TITLE: COUNCIL LIAISON TO AMPHITHEATER SCHOOL Page 1 of 1 DISTRICT GOVERNING BOARD 9 �. Purpose and Need for Policy The purpose of this policy is to maintain and improve communication between the Oro Valley Town Council and the Amphitheater School District Governing Board, thereby establishing the position of Council Member Liaison to the Amphitheater School District Governing Board. II. Policy The Council Member Liaison will §A- review the Amphitheater Governing Board's regular monthly meeting . agendas, as forwarded by the Town Clerk's office. Liaison's attendance at School Board meetings will be on an "as needed" basis as determined by the Liaison. §B - inform the Amphitheater Superintendent of issues or matters t that the Council is considering that may impact the District, i.e., rezonings, road construction projects, etc. §C - inform the other Oro Valley Town Council members of actions contemplated or taken by the Amphitheater School Board as they deem appropriate. §D - meet quarterly with the Town Manager, the Amphitheater School District Superintendent, and President of the Amphi Board to discuss subjects of mutual interest, such as establish Intergovernmental Agreements as needed; promote joint-use facilities when possible; address health and safety issues; and help identify future school sites based upon community needs and specific criteria outlined by the District; and create a working group (or committee) as deemed necessary. APPROVED BY THE TOWN COUNCIL: Mayor Paul H. Loomis • Date: /eM/A- Policy No. 10 Date Adoption Date of Revision . COUNCIL, ADVISORY BOARDS AND TOWN COMMISSION MEMBERS SITE TOURS Page 1 of 2 1. Purpose and Need for this Policy u ose of this policyis to establish a protocol for Site Tours to prevent Thep purpose violations of the Open Meetings Law. II. Policy • Town Council, AdvisoryBoards and Commission Members will observe the following when on Site Tours: A Site Tour is a "tour" onlyand not a public meeting. If more than two (2) Town Council, AdvisoryBoard or Commission Members are present on a Site Tour,properprotocol is that Members may only listen to information given and only ask questions to clarify what exists on the proposed plan. deliberation andpossible action regarding changes to the plan Any discussion,must be reserved for a regularly scheduled meeting. III. Other Information Attached is a "Sample"regarding Public Notice to be used for the Town Council, AdvisoryBoards and Commission Members Site Tours. APPROVED BY THE TOWN COUNCIL: Mayor Paul H. Loomis Date: 47-01/43 Office of the Tann Anorney/w 031903 Town Council Policy No.10 - - - • "SAMPLE" NOTICE OF PUBLIC TOUR TOWN OF ORO VALLEY TOWN COUNCIL Noticehereby given is to the members of the Town of Oro Valley Town Council and to the eneral public, that the Town of Oro Valley Town Council will hold a tour open to g the public on March 18, 2003, at 9:00 a.m. located at the Kachina Conference room, 11000 N. La Canada Drive, Oro Valley,Arizona 85737. A quorum of the full Town of Oro ValleyTown Council::may be present. This is a tour There maybe information rovided and/or::questions and only and not a meeting. p tour. Discussion and possible action will.take place.Lat=-a regularly answers during the scheduled meeting. • }• The itinerary for the tour is as follows: :�;F ' . •i Sample Itinerary in:Table'Format : : 9:00 a.m. :' . Tour participants,amve at the Kachina • • • Conference Room, 11000 N. La Canada Drive;'Oro Valley, Arizona for transportation to the Naranj a Town Site • property • • Tour Naranja Town Site 9.15 a.m. ... J 9.45 a.m. . Return to 11000 N. La Canada Drive, Oro R i; ' ,r-=^ .'. • Ari R.S • Valley, zona t. For furtherinforinatlon, call Kathryn Cuvelier, Town Clerk, at (520) 229-4700. : call Kathryn reasonable accommodations, Cuvelier, Town Clerk, at (520) 229-4700. Date of Publication • RESOLUTION NO. (R) 03- 22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING A POLICY WITH REGARDS TO TOWN COUNCIL, ADVISORY BOARDS AND COMMISSION MEMBERS SITE TOURS WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with Arizona, and all rights, privileges, benefits, and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and attendance bythe Town Council, Advisory Boards and Commission WHEREAS, Members at Site Tours will be of direct benefit to the Town and makes actions rendered to the Town more effective; and d that it is in the best interest of the Town to clarify WHEREAS, it has been determined what the Town Council, AdvisoryBoards and Commission Members protocol is at a Site Tour. • NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town Council, Advisory Boards and Commission Members Site Tours Policy is hereby adopted. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the y Town of Oro Valle are hereby authorized to take such steps as are necessary to execute and implement the Policy. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 2ND day of APRIL , 20_. TOWN OF ORO VALLEY Paul H. Loomis,Mayor ATTEST: Kat Cuvelier, Town Clerk APPROVED • S TO FORM: • fih 1jj'1i? 19 To; Attt ey i Orb.of thc Too Anorncyla 031903 F;Ut6olutions\Sitc Tours final.doc • TOWN COUNCIL POLICY Policy No. 11 Date of Adoption: 11/17/04 Date of Revision: TITLE: STANDARD REQUEST FORM AND BASIC INFORMATION NECESSARY FOR A MEMBER OF THE TOWN COUNCIL TO REQUEST AN ITEM ON THE TOWN COUNCIL AGENDA I. Purpose and Need for Policy The purpose of this policy is to establish a standard request form and basic information necessary for a member of the Town Council to place an item on a future Town Council agenda; sufficient information to allow staff to prepare a Council Communication on the agenda item; and prevent violations of the Open Meeting Law. H. Policy To ensure that all items requested by Town Council members to be on future Town Council agendas are complete, in proper order and have sufficient information contained in the request for an adequate Council Communication to be drafted by the Town staff it will require Town Council Members to provide the basic information relating to their request as outlined in attached Exhibit "A" ("Sample"). M. Procedure Town Council members requesting agenda items for future Town Council meetings shall provide the agenda item title and identify the reasons the agenda item is being requested. (See Exhibit "A" —"Sample") APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Paul H. Loomis, Mayor Date: %���� • • EXHIBIT- "A" "SAMPLE" TOWN COUNCIL AGENDA REQUEST FORM DATE OF REQUEST: COUNCIL MEETING DATE REQUESTED: COUNCIL MEMBER REQUESTING: COUNCIL MEMBER SECONDING REQUEST: • AGENDA ITEM TITLE: REASON AGENDA ITEM IS BEING REQUESTED: